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

[athelind.livejournal.com]

You know, the appeals process is one reason why I wanted to present the 13th Amendment argument. It's crazy enough that it might not occur to anyone else, but it may fall into that time-honored category of just crazy enough to work.

[cpxbrex.livejournal.com]

Well, when this gets to the USSC, you should give yourself a really fancy sounding title and write an amicus curiae to explain your reasoning. Which, as you very rightly pointed out, is not in fact any more tortured than the reasoning they use to try to patent naturally occurring objects. This should be a no-brainer, if you ask me, because of the centuries of legal precedence that merely finding something doesn't mean you can patent it, but since there are thousands of active patents, we clearly live in a bizarre time and place.