Patenting Genetic Technology/Info

By: Skyler and Kaylee

What is Gene Patenting?

“'Gene patenting' is a broad term referring to the patenting of genetic sequences such as DNA and RNA, and to alternative forms of DNA such as cDNA (complementary DNA)."

Controversy About if Genetic Technology Should Be Legal.

"In 2009, the American College of Medical Genetics, American Society for Clinical Pathology, College of American Pathologists, three other health care organizations, and several individuals sued the USPTO, Myriad Genetics, and the Directors of the University of Utah Research Foundation in the United States District Court for the Southern District of New York. The suit challenged the validity of the patents on the BRCA1 and BRCA2 breast cancer susceptibility genes, claiming that the patents are overly broad and in conflict with policies that prohibit the patenting of natural phenomena and basic human knowledge and thought."

The "Bad" Side of Gene Technology

“The American Medical Association (AMA) is opposed to gene patenting because it has the potential to inhibit access to genetic testing for patients and hinder research on genetic disease. Others believe that gene patents provide incentives for private company investment in education.”

BRCA Gene Patents Denied

"In 2010, a federal court ruled that several of the BRCA gene patents were invalid. Myriad Genetics appealed the case to the United States Court of Appeals for the Federal Circuit. A further ruling was expected in Summer of 2011."

"Gene technology is helping scientists to develop more effective therapies for diseases like cancer, diabetes, hepatitis C and influenza."

Copyright Laws

“In the United States, patent priority is based on the "first to invent" principle: whoever made the invention first (and can prove it) is awarded property rights for the 20-year period. Inventors have a one-year grace period to file after they publish. All other countries except the Philippines, however, follow a "first inventor to file" rule in establishing priority when granting patents.”