Hi All ;


Keith we discussed this before on-list.  This is great news!!  There will be a 
lot of pressure from Big Ag to overturn this.  And where
 is the mainstream press on this story?  This needs everyone's support. 
 Invalidating gene patents would be a huge positive in ensuring crop 
diversity and food supply.



BR

Peter G.

www.gac-seeds.com


http://www.techdirt.com/articles/20100329/1506458769.shtml

Judge: Gene Patents Are Invalid



                
In a huge ruling, U.S. District Judge Robert 
Sweet has said that gene patents are invalid.  As you may recall, last 
May, the ACLU was the first to finally challenge
 whether or not genes could be patented.  There was a lot of back and 
forth over the case, with many saying that a ruling against gene patents
 would throw a wrench into the business plans of many companies, because
 so many biotech/medical companies have been relying on the idea that 
gene patents must be valid for so long.  But just because many companies
 relied on a mistaken understanding of patent law, doesn't mean that it 
should be allowed to continue.  The judge made the point clear when it 
came to gene patents, saying that they:


"are directed to a law of nature and were therefore improperly granted."


The case was brought against Myriad Genetics, who will surely appeal, so
 this is nowhere close to over.  But it involved a test for breast 
cancer, that Myriad basically had a monopoly over -- and the claim was 
that this not only made it more difficult for women to get tested, but 
it also greatly discouraged other research in the field.  In part, this 
was because the patents that Myriad held were incredibly

 broad.





Patents, of course, are not supposed to be granted on things found in in
 nature -- and it's hard to argue against the idea that genes are found 
in nature.  Supporters of gene patents often claim that they're not 
really gene patents, but a patent on identifying the gene, which is a 
nice semantic game that the judge clearly saw through.  This is a huge 
step forward for encouraging more real research into genetic 
testing, rather than locking up important information.

        
        


      
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