Two isolated genes closely associated with breast and ovarian cancers are unpatentable, a New York federal judge ruled Monday. The judge decided that the two genes, once separated from the lengthy DNA sequence, cannot be considered sufficiently new and useful to be deemed patentable. The case was closely watched by the medical community and cancer patients who argued that the two genes in dispute, BRCA1 and BRCA2, should not be patented and privately owned.
Genes Linked to Breast, Ovarian Cancers Are Ruled Unpatentable
New York Law Journal
March 30, 2010