Patents on human genes may be ruled against the law

National Public Radio (and others) recently reported that a judge in a US federal court has ruled that patenting particular human DNA sequences is against the law. (See here and here for NPR reports.)

The company with the patents is Myriad, which holds the patents to the BRCA1 and BRCA2 gene sequences. Both of these genes, in their normal state, lead to the production of a tumor suppressor, which prevents many potential breast cancers. Myriad does tests to determine the kind of BRCA genes that an individual has, then, depending on the results, a woman may choose to have a mastectomy.The tests cost over $3,000. Myriad is reported to have "made $222 million on tests that cost $32 million to run" in "a recent year."

The Judge, according to NPR, ruled that a gene sequence is a product of nature, and hence not patentable.

Many scientists, and others, have argued that human gene sequences should not be patentable. The ruling will most likely be appealed, and the case may go to the US Supreme Court. This Wikipedia article says that about 20% of yours and my genes are under patent, and that patents for about 3,000,000 genes, in all have been applied for. (Probably including non-human organisms.)

Thanks for reading.