A federal judge on Monday nullified patents associated with human genes known to detect early signs of breast and ovarian cancer.
It was the first time a federal court has invalidated a patent on genes. The American Civil Liberties Union, which brought the case, said the New York federal court decision “calls into question the validity of patents now held on approximately 2,000 genes.”
U.S. District Judge Robert Sweet agreed with the civil rights group that the patents were invalid because they covered the most basic element of every person’s individuality. “Products of nature do not constitute patentable subject matter absent a change that results in the creation of a fundamentally new product,” Sweet wrote in a 152-page opinion.
The lawsuit claimed the patents were so broad they barred scientists from examining and comparing the BRCA1 and BRCA2 genes at the center of the dispute. The patents issued more than a decade ago covered any new scientific methods of looking at these human genes that might be developed by others.
Smithsonian researchers are among the leaders in a worldwide effort to revolutionize the way scientists identify species in the laboratory and in the field with a technique called DNA barcoding. Similar to the barcode that identifies an item at the grocery store, a DNA barcode is used to identify and distinguish biological species.
Ministers have bowed to pressure to allow the creation of human-animal hybrid embryos for research.