Moglen: Gene patenting and free software: a breakthrough
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Started by: ggiedkeggiedke
Date: 08 Apr 2010 06:05
Number of posts: 1
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Last week, [...], advocates for technological freedom won an enormous victory against socially harmful distortions of patent law. A Federal District Court [...] held invalid patents owned by Myriad Genetics on diagnostic testing for genetic susceptibility to the most common hereditary forms of breast and ovarian cancer. [...] Judge Sweet rejected the basic premise on which gene testing patents [...] have been justified: that the amplification of naturally-occurring DNA sequences is a patentable transformation of the DNA molecule. Instead, Judge Sweet adopted the view put forward by Myriad's own expert witnesses, that DNA is a special molecule, "a physical carrier of information," and therefore held that the reading of such naturally-occurring information is not patentable subject matter. [...] In reaching his legal conclusions, Judge Sweet relied significantly on the recent opinion of the Court of Appeals for the Federal Circuit In re Bilski.
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