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Full-Text Articles in Law
The Pros And Cons Of Gene Patents, Chester S. Chuang, Denys T. Lau
The Pros And Cons Of Gene Patents, Chester S. Chuang, Denys T. Lau
Publications
The debate over human gene patents was recently reignited by New York federal Judge Robert Sweet, when he found isolated human gene sequences unpatentable in Association for Molecular Pathology v. U.S. Patent and Trademark Office , 702 F.Supp.2d 181 (S.D.N.Y. 2010). An appeal of the decision is pending, and in October, the U.S. Department of Justice filed an amicus curiae brief in the case arguing that such gene sequences should not be patentable, contradicting long-standing practices of the United States Patent and Trademark Office. Given the potent impact of a possible gene patent ban on gene-based medical therapies and the …
Patenting Human Genes: The Myriad Controversy, Chester S. Chuang, Denys T. Lau
Patenting Human Genes: The Myriad Controversy, Chester S. Chuang, Denys T. Lau
Publications
The controversy over human gene patents was reignited in March 2010 when a US Federal District Court decided that isolated human gene sequences are not patentable. An appeal is pending, although the US Department of justice filed a friend-of-the-court brief in the case in late October, arguing that such gene sequences should not be patentable. Because this case may eventually find its way to the US Supreme Court, the ruling could have significant implications for gene-based medical therapies and for the biotechnology industry overall. It is therefore important to assess both the past and present context of this controversy, taking …