Last Monday, March 29 Judge Robert Sweet (Robert W. Sweet) of the Federal Court of the Southern District of New York ruled to invalidate patents on gene variants associated with an increased risk of cancer.Experts believe that the decision of the New York court could have far-reaching consequences for the entire biotechnology industry in the United States.
trial, which is in question here, was conducted from May of last year on a collective lawsuit the ACLU, and has a number of other community organizations and individuals to the company «Myriad Genetics» and office Patent and Trademark United States.According to the case file, found it necessary to contest the plaintiffs belong to «Myriad» patents on genes BRCA1 and BRCA2, which are inextricably linked to most cases of hereditary breast cancer and ovarian cancer.To date, the company «Myriad Genetics» is also the exclusive manufacturer of test systems for the diagnosis of predisposition to these types of cancers through the identification of these genes
reports on the pages an Internet resource medportal.ru, representatives of the plaintiffs claimed that the patents issued by the company «Myriad» on hereditary diseases associated with genes that limit the exchange of information and impede patient access to diagnosis and impede scientific progress in thismedical science.
Decree of the New York Court took 152 pages of typewritten text, in which, among other things, states that DNA sequences identified by specialists of «Myriad Genetics», however, can not serve as the object of patent law, since nothingdoes not differ from the sequences found in nature.The court also concluded that the method of comparing the DNA sequences of genes to identify dangerous is the "abstract mental process", and therefore also can not be protected by patent.
As mentioned above, the decision of the New York Court is a precedent that could have far-reaching consequences for the entire biotechnology industry in the United States.In particular, it may relate to patents that are currently reserved in the United States about 20 percent of the genes that make up the human genome.In accordance with applicable US laws, any researcher is planning to conduct further study of these genes, as well as trying to develop another method of diagnosis and treatment of related diseases, first forced to obtain the appropriate license from the patent owner in the face of one of the many commercial structures.
Now, many, many stakeholders may well follow the example of the American Civil Liberties Union and try to challenge in court the patents to other genetic studies, and such efforts can succeed with a very high degree of probability.