Tuesday, March 30, 2010

Patent Broken?

Patent Broken?

So saith Federal Judge Robert W. Sweet. Via the New York Times:

A federal judge on Monday struck down patents on two genes linked to breast and ovarian cancer. The decision, if upheld, could throw into doubt the patents covering thousands of human genes and reshape the law of intellectual property.

United States District Court Judge Robert W. Sweet issued the 152-page decision [PDF], which invalidated seven patents related to the genes BRCA1 and BRCA2, whose mutations have been associated with cancer.
See Also:
NY Law Journal: Genes Linked to Breast, Ovarian Cancers Are Ruled Unpatentable
Genomics Law Report: Pigs Fly: Federal Court Invalidates Myriad’s Patent Claims


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