Film at 11: Your Genes Are Your Own
Mar. 30th, 2010 10:09 amFederal Judge Rules Against Patents On Human Genes
Your Obedient Serpent applauds this rare triumph of common sense over corporate interests. Patenting a naturally-occurring human genetic sequence is like patenting the gall bladder or the pancreas.
I could also frame an argument based on the Thirteenth Amendment: if someone else claims legal authority over part of your body, and asserts that only they can profit from it, that strikes me as a form of "involuntary servitude".
This might be a convoluted logic, but no more so than the arguments in favor of human gene patents.
Note that the peculiar nature of the patent claim asserts the sole rights to create tests for the genes in question, this means that Myriad Genetics sought to claim authority over that part of your genetic code that would contain the sequence, whether or not it actually does.
So, congratulations, everyone. Judge Sweet has declared that you're not owned.
At least, not by that corporation.