Who's Got the Breast Cancer Patent?

[Zusha Elinson]

Should genes be patentable? A New York judge said no yesterday.

Joe Mullin over at the Prior Art has been following the case closely. He reports that Judge Robert Sweet invalidated two patents on genes related to breast cancer owned by Myriad Genetics.

In his 152-page opinion (.pdf), Sweet wrote that the patents in question cover parts of the natural world and therefore don't conform to section 101 of U.S. patent laws, which those govern what qualifies as patentable subject matter.

The issue was raised by the ACLU and the Public Patent Foundation, which filed suit last year in an effort to invalidate the patents.

What do you think? Should genes be patentable? Did Judge Sweet make the right decision?