Steven Salzberg 5:06pm EDT
Cartoon (c) by Cathy Wilcox
Many scientists cheered last year when a federal judge ruled that human genes couldn’t be patented. The case involved Myriad Genetics, which holds the patent rights on two genes, BRCA1 and BRCA2, that are associated with increased risks for breast and ovarian cancer. Thanks to these patents, you can’t look these genes in your own body without paying a fee to Myriad. Sounds ridiculous, right? Well, that was the state of gene patents until last May, when judge Robert Sweet ruled that the Myriad’s patents were invalid.
But now the courts have reversed themselves again. In a 105-page decision, two federal judges decided that the whole matter comes down to the meaning of the word “isolated.” I kid you not…read more.