by Long Island Attorney Paul A. Lauto, Esq.
In our May 16, 2013 blog article entitled, Would You Like A Patent With Your Genetically Modified Baby?,we detailed how Myriad Genetics obtained patents on the BRCA1 and BRCA2 human genes. In doing so, Myriad Genetics gained the exclusive rights relative to these vital genes, that indicate a significantly increased hereditary risk in developing ovarian or breast cancer. The Association For Molecular Pathology legally contested the right of Myriad Genetics to hold such patents and exclusive rights, by litigating the issue all the way to the Supreme Court of the United States.
Today the US Supreme Court in the case of Association For Molecular Pathology v. Myriad Genetics, ruled that said patents were invalid. Essentially the court found that by Myriad Genetics separating and identifying these genes, that in and of itself did not warrant the grant of a patent. The court appeared to acknowledge the need for unrestrained research of the BRCA genes and that the granting of exclusive rights contradicted the public good.
Read the complete article at www.liattorney.com/scales-of-justice.html
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