[On May 12, and on] behalf of several medical associations, advocacy organizations, physicians, researchers, and individuals, the ACLU filed a lawsuit naming the United States Patent and Trademark Office (USPTO) and Myriad Genetics among the defendants in a potentially historic patent case.
The ACLU’s lawsuit ostensibly focuses on the legitimacy of the infamous BRCA1 and BRCA2 breast cancer gene patents granted to Myriad Genetics, but it seeks nothing less than the elimination of human genes as patentable subject matter. In the words of its complaint: “Every person’s body contains human genes, passed down to each individual from his or her parents. These genes determine, in part, the structure and function of every human body. This case challenges the legality and constitutionality of granting patents over this most basic element of every person’s individuality.â€
The lawsuit calls out the dangers of more than just human gene patents. It also condemns the patentability of “the concept of looking at or comparing human genes, and correlations found in nature between certain genes and an increased risk of breast and/or ovarian cancerâ€.
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