Jul. 23rd, 2012

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"The U.S. Patent and Trademark Office (USPTO) grants patents on human genes, which means that the patent holders own the exclusive rights to those genetic sequences, their usage, and their chemical composition. Anyone who makes or uses a patented gene without permission of the patent holder – whether it be for commercial or noncommercial purposes – is committing patent infringement and can be sued by the patent holder for such infringement. Gene patents, like other patents, are granted for 20 years.

For example, Myriad Genetics, a private biotechnology company based in Utah, controls patents on the BRCA1 and BRCA2 genes [two genes associated with hereditary breast- and ovarian cancer]. Because of its patents, Myriad has the right to prevent anyone else from testing, studying, or even looking at these genes. It also holds the exclusive rights to any mutations along those genes. No one is allowed to do anything with the BRCA genes without Myriad's permission.

A 2005 study found that 4,382 of the 23,688 human genes in the National Center for Biotechnology Information's gene database are explicitly claimed as intellectual property.  This means that nearly 20% of human genes are patented. In addition to the BRCA genes, genes associated with numerous diseases, both common and rare, are patented, including Alzheimer's disease, asthma, some forms of colon cancer, Canavan disease, hemochromatosis, some forms of muscular dystrophy, Long QT Syndrome, and many others."

http://www.aclu.org/free-speech/brca-genes-and-patents

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