Is this the end of gene patenting?

A better title would have been "Is this the beginning of the end of gene patenting.?" I assume there will be an appeal to the CAFC. If the CAFC rules against the patent holder, then there will likely be a shot with the Supreme Court. Because this issue is fairly high profile I suspect this case might be fast-tracked. The appeal has to come fairly soon, so watch for the announcement.

Even if this is the beginning of the end for gene patents, the methodologies used to find genes will still remain patentable.

In defense of Myriad Genetics, they spent lots of $$ to discover these genes and their use in cancer therapy, so if you are going to have a patent system to reward incurring sunk costs, then you should give them the patents. That being said, if you dont feel that patents are socially desirable then get rid of the entire system, not just parts of it.

@Paul, so they sunk a lot of money into research, well too bad. We have, at least in theory, a capitalistic system. Risk money and maybe you will be rewarded. People and corporations invest in a lot of things, some make money and some lose money. That's the breaks.

Patents are meant to give a LIMITED monopoly over an invention, not for discovering things. We unfortunately seem to live in a society of ever expansive "rights", patents and copyright being perceived, now, as a right rather than a privilege.

Steve:

Based on my understanding of the Myriad patent, they did in fact discover the genes. They did not invent them. Understanding that those genes are associated with breast cancer is the equivalent of understanding that viruses cause influenza. Congratulations to Myriad for learning that. But, they do not deserve a patent under the present system.

Paul:

Steve is not talking about getting rid of parts of the patent system. He is talking about the fact that the present system does not reward "discovery." "Discover" is, by law, excluded from patentability. Thus, calculus, geometry, physics, quantum mechanics, etc., are all non-patentable because they are not inventions, but creations that explain the world around us. They are excluded, by law, from being patentable.

We'll see later, where it will lead us, we can do that with custom term papers help

Your comments do not make any sense, Sandie.

i'm sure that Term Papers can open smth new for Myriad Genetics!

i'm sure that Term Papers can open smth new for Myriad Genetics!