April 8, 2010 by Matthew Thorpe
Matthew Thorpe is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course.
In a landmark victory the American Civil Liberties Union (ACLU) and the Public Patent Foundation succeeded on a motion for summary judgement to invalidate patents held by Myriad Genetics over two genes linked with breast and ovarian cancer. Prior to the March 29th ruling by a New York District Court, so-called “gene patents” were widely understood to be valid subject matter for patent protection within the United States, and Canada as well. Currently approximately 20% of the human genome is currently subject to patent protection. If this decision is upheld by the Federal Circuit on appeal it could usher in a new era for genetics research, medical treatment and patent law.