Film at 11: Your Genes Are Your Own

[athelind]

Federal 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.

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Comments

[leonard-arlotte.livejournal.com]

I am not a (patent) number! I am a free man!

[hydra-velsen.livejournal.com]

Not sure I agree with this. It would really hurt efforts to treat problems through genetic therapy.

Also might make my dreams of getting an extra eye on the back of my head problematic!

Also could you disable the Captcha thing for folks that are logged in? Its hard to post comments here for people with trouble reading those, like me.

[tombfyre.livejournal.com]

Seems like sound logic to me. ^^ Too much of the medical world is a business as it is. Things pertaining to genetics definitely need to be a little more "open source", as it were.

[cpxbrex.livejournal.com]

Alas, this fight is far from over. It happened in the relatively science friendly New York district but it is headed for the science-hating US Supreme Court and the firms in question will pull out all the stops to see this overturned.

[araquan.livejournal.com]

The first good news I've heard on this front in a very long time.

[pseudomanitou.livejournal.com]

Very good news. Of course... here's hoping the ruling stands long enough for actual legislation to cement it -- otherwise it hangs on one in hundreds of judges selling out and creating a precedent.

...can this ruling, for that matter, be stepped back down to agricultural business so we can either get FDA testing of GMOs or a relaxation of patent laws on GMOs?

[eggshellhammer.livejournal.com]

"Who owns the patent to this vaccine?"
"Well... No one. I mean I - would you patent the sun?"

[silussa.livejournal.com]

I remember commenting when the Patent Office made the original ruling "they've just opened the door to replicants and genetically engineered slaves."

Here's hoping the ruling sticks.