I understand patenting the test ~ I don't understand patenting the human genes ~ ~ Sooz

Friday, Nov 30, 2012 03:14 PM CST
SCOTUS to decide if human genes can be patented
Myriad Genetics Inc. seeks to patent genetic mutations that are linked to increased risk of breast cancer
By Associated Press

WASHINGTON (AP) — The Supreme Court will soon decide whether companies can patent human genes, a decision that could reshape the future of medical care in the United States.

The justices on Friday decided they would hear an appeal from medical professionals who want to stop Myriad Genetics Inc. from patenting genetic mutations that are linked to increased risk of breast cancer. The company’s BRACAnalysis test looks for those mutations.

Doctors want to use genetic testing to look at these genes to discover whether patients have increased risks of diseases like breast or ovarian cancer, but they say letting businesses patent them would get in their way. Companies say without being able to patent and profit from their work, they would not be able to fund the type of medical breakthroughs doctors depend on.

http://www.salon.com/2012/11/30/scotus_to_decide_if_human_genes_can_be_patented/

I think everyone who gets cancer due to a mutated gene should pay lots of money to the patent holder or should get sued for patent infringement.
I can see a time in the near future when everyone goes nuts.

...or the Dems could patent the rightwingnut gene then destroy all the samples.

That would possibly violate Articles 52 and 53(a) EPC, but fortunately the EPO's technical boards of appeal are continuing to build up case law on the criteria for patenting a human gene sequence.

Oh, easy, then. If it's illegal/unethical the Repubs can do it and purge the party.

President Carter approved the patenting of seeds. Look how well that's worked out.