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Can you provide sources that suggest I'm wrong? Obviously there are difference of opinion on this (the supreme court decided these were not composition of matte
by travisp 7y ago
Can you provide sources that suggest I'm wrong? Obviously there are difference of opinion on this (the supreme court decided these were not composition of matter patents), but I think it would be helpful for people reading to at least understand both sides.
These two articles discuss some of the thoughts about why the BRCA patents were considered valid by a number of legal experts:
https://www.nytimes.com/roomfordebate/2013/06/06/can-the-human-blueprint-have-owners/a-century-old-form-of-patent https://www.nytimes.com/roomfordebate/2013/06/06/can-the-hum...
> But Myriad’s patents don’t cover genes in their naturally occurring, unisolated form, just as the aspirin patent did not cover chewable bark. Rather, the BRCA1 and BRCA2 patents claim the genes as isolated, purified and used in a scientific or medical context.
> Thus, Myriad’s patents cover the same “composition of matter” that these patents have always covered, and which built the modern pharmaceutical industry in the early 20th century.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3979127/ https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3979127/
It's at least not as simple as saying that these patents are just patenting the genetic sequence and anyone who even looks at them is violating patent law and that somehow others own the genes in our body.
You said:
> They enforced it against anyone else who wanted to test for mutations in the gene.
Anyone could be tested for mutations in the gene (in fact, 23andMe tested for those specific SNPs and you could see it in your raw data). What Myriad patented and enforced was using this in a specific medical context, as I understand it specifically a medical diagnostic test. Here is the BRCA1 patent: https://www.google.com/patents/US5747282 https://www.google.com/patents/US5747282
This is the abstract:
> The present invention relates generally to the field of human genetics. Specifically, the present invention relates to methods and materials used to isolate and detect a human breast and ovarian cancer predisposing gene (BRCA1), some mutant alleles of which cause susceptibility to cancer, in particular breast and ovarian cancer. More specifically, the invention relates to germline mutations in the BRCA1 gene and their use in the diagnosis of predisposition to breast and ovarian cancer. The present invention further relates to somatic mutations in the BRCA1 gene in human breast and ovarian cancer and their use in the diagnosis and prognosis of human breast and ovarian cancer. Additionally, the invention relates to somatic mutations in the BRCA1 gene in other human cancers and their use in the diagnosis and prognosis of human cancers. The invention also relates to the therapy of human cancers which have a mutation in the BRCA1 gene, including gene therapy, protein replacement therapy and protein mimetics. The invention further relates to the screening of drugs for cancer therapy. Finally, the invention relates to the screening of the BRCA1 gene for mutations, which are useful for diagnosing the predisposition to breast and ovarian cancer.
Here is the insulin patent: https://patents.google.com/patent/US1469994 https://patents.google.com/patent/US1469994
And here is the adrenaline patent: https://patents.google.com/patent/US730176 https://patents.google.com/patent/US730176
These are both things naturally occurring in the body.
- astazangasta 7y agoHowever, insulin and adrenaline are both used as drugs, i.e. administered to patients. In the case of BRCA1 the subject was the information content of the gene - Myriad asserted, for example, that others could not run tests of a patient's sequence. This is extremely different, as in no case was a physical product at issue - Myriad wasn't in the business of manufacturing BRCA, which would be pretty useless.