domingo, 4 de marzo de 2012

ACLU Challenges Patents On Breast Cancer Genes | American Civil Liberties Union

ACLU Challenges Patents On Breast Cancer Genes | American Civil Liberties Union

ACLU Challenges Patents On Breast Cancer Genes: BRCA

February 22, 2012
On May 12, 2009, the ACLU and the Public Patent Foundation (PUBPAT) filed a lawsuit charging that patents on two human genes associated with breast and ovarian cancer are unconstitutional and invalid. The suit charges that the patents stifle diagnostic testing and research that could lead to cures and that they limit women's options regarding their medical care.

Join the thousands of people who have voiced support for the BRCA gene patents challenge

The lawsuit, Association for Molecular Pathology, et al. v. U.S. Patent and Trademark Office, et al., was filed on behalf of researchers, genetic counselors, women patients, cancer survivors, breast cancer and women's health groups, and scientific associations representing 150,000 geneticists, pathologists, and laboratory professionals. The lawsuit was filed against the U.S. Patent and Trademark Office, as well as Myriad Genetics and the University of Utah Research Foundation, which hold the patents on the genes, BRCA1 and BRCA2. The lawsuit charges that patents on human genes violate the First Amendment and patent law because genes are "products of nature" and therefore can't be patented.

The U.S. Patent and Trademark Office (PTO) has granted thousands of patents on human genes – in fact, about 20 percent of our genes are patented. A gene patent holder has the right to prevent anyone from studying, testing or even looking at a gene. As a result, scientific research and genetic testing has been delayed, limited or even shut down due to concerns about gene patents.

On March 29, 2010 a New York federal court ruled that the patents on the BRCA1 and BRCA2 genes are invalid. The U.S. Court of Appeals for the Federal Circuit heard Myriad's appeal of that ruling in April 2011.
In July 2011, the appeals court ruled that companies can obtain patents on the genes but cannot patent methods to compare those gene sequences.


> Video: 60 Minutes - Should Firms Be Able to Own Your Genes? (4/4/10)
> Blog: Who Owns Your Genes? You Do. (3/30/10)
> Release: Patents On Breast Cancer Genes Ruled Invalid In ACLU/PubPat Case (3/29/10)
> Blog: First Federal Court Hearing on Whether Human Genes Should Be Patented (2/3/2010)
> Release: ACLU and PUBPAT Argue Today That Patents on Breast Cancer Genes Are Unconstitutional and Invalid (2/2/2010)
> Release: Court Upholds Right of Scientists and Patients to Challenge Gene Patents (11/2/2009)
> Huffington Post: Joanna Rudnick's Video Interview With Myriad CEO (5/14/2009)
> New York Times: Cancer Patients Challenge the Patenting of a Gene (5/12/2009)

> Patents on Human Genes: A Patient's Perspective
> Statements Of Support
> Fact Sheet: Genes and Patents Q&A
> Facebook: Don't Patent My Genes! Liberate the Breast Cancer Genes!
> Public Patent Foundation, Benjamin N. Cardozo School of Law (Co-Counsel)
> Congressional Testimony: Dr. Marc Grodman, Dr. Wendy Chung, and Dr. Katherine Mathews
> Panel Discussion: BRCA Testing And Gene Patents With Tania Simoncelli, ACLU Science Advisor
> Film: In the Family
> Genetics of Breast and Ovarian Cancer (PDQ): Major Genes (National Cancer Institute )
> Genetic Testing for BRCA1 and BRCA2: It's Your Choice (National Cancer Institute)
> How Genes Work (National Institute of General Medical Sciences)

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