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More On The Gene Patent Ruling: What Happens Next

Apr 02, 2010, 13:34 (2 Talkback[s])


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[ Thanks to Jose_X for this link. ]

"The big news yesterday, of course, was the district court ruling that found that genes were unpatentable. The full decision was over 150 pages, so I wanted to spend some time reading through it. It's mostly a really good ruling that makes a number of important statements. Dan Vorhaus has a good post highlighting some of the key points, including this particular sentence:

"The identification of the BRCA1 and BRCA2 gene sequences is unquestionably a valuable scientific achievement for which Myriad deserves recognition, but that is not the same as concluding that it is something for which they are entitled to a patent.

"This is a point that often seems to get lost in this debate, with patent system supporters assuming some sort of "sweat of the brow" argument for patents: that hard work automatically deserves protection. But that's not how the patent system works, and it's good that the judge recognizes this."

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