Although this is not related to plants, this certainly has implications for plant genetics. I have just received notice that th ACLU has filed a lawsuit against Myriad Genetics, the company that owns the patents on the BCRA1 and BCRA2 breast and ovarian cancer genes in humans.

According to this press release, the ACLU charges “that the patenting of two human genes linked to breast and ovarian cancer will inhibit medical research. The organization also claims that the patents are invalid and unconstitutional.”

It continues:

“This is going to turn into one of the watershed events in the evolution of the bioindustry,” says John Sterling, Editor in Chief of GEN. “The pros and cons of patenting genes have been an ongoing, and often acrimonious series of debates, since the in re Chakrabarty decision in 1980. But this particular case seems to have taken on a life of its own with over fifteen plaintiffs. For while the lawsuit specifically centers on the patentability of two cancer-related genes, the ACLU says it plans to challenge the entire concept of patenting genes. What we have here is one group, the ACLU and its allies, contending that gene patents stifle life science research and potentially harm the health of thousands of patients. On the other side are biotech companies who maintain that without gene patents research incentives are seriously diminished and innovation is smothered.”

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