Genes for sale: how a major court ruling could impact genetic research patents

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A DNA patent was struck down in court

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It started with patents for DNA tests designed to gauge women’s risk for developing breast and ovarian cancer—a genetics company held an exclusive license for these tests that enabled them to control the market and even force other scientists to halt research projects involving the breast cancer genes. This week a U.S. District judge ruled that the genetics company “discovered” the DNA sequences that make up the two genes, but did not “invent” them, therefore invalidating seven patents related to the breast cancer test. While the ruling will certainly not be the last word in the argument of patenting genes, it does complicate the effort of companies to turn profits off of genetic research—if DNA can’t be patented because it’s created by nature, how about patents for proteins, enzymes, bacteria and other biological materials that get turned into useful medicines?

Guests:

Sandra Park, staff attorney for the American Civil Liberties Union Women’s Rights Project & lead attorney on the gene patent case

Kenneth Chahine, visiting law professor at the University of Utah


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