Concept explainers
In March 2010 Judge R. Sweet ruled to invalidate Myriad Genetics' patents on the BRCA1 and BRCA2 genes. Sweet wrote that since the genes are part of the natural world, they are not patentable. Myriad Genetics also holds patents on the development of a direct-to-consumer test for the BRCA1 and BRCA2 genes.
(a) Would you agree with Judge Sweet's ruling to invalidate the patenting of the BRCA1 and BRCA2 genes? If you were asked to judge the patenting of the direct-to-consumer test for the BRCA1 and BRCA2 genes, how would you rule?
(b) J. Craig Venter has filed a patent application for his “first- ever human made life form.” This patent is designed to cover the genome of M. genitalium Would your ruling for Venter's “organism” be different from Judge Sweet's ruling on patenting of the BRCA1 and BRCA2 genes?
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Essentials of Genetics (9th Edition) - Standalone book
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