In a recently filed amicus brief, the US Department of Justice (DOJ) departed from long standing US case law and policy that allows for the patenting of isolated genes, arguing that isolated genes are part of nature and thus not patent eligible. Both biotechnology and medical industry trade associations argue that these patents continue to be critical to incentivizing future innovation. The amicus brief is regarding the case of breast cancer genes, held unpatentable by a US District Court in the Southern District of NY, which is currently being appealed.
The DOJ’s amicus brief can be accessed here: http://graphics8.nytimes.com/packages/pdf/business/genepatents-USamicusbrief.pdf
Originally posted on November 1, 2010.