u235

The blade of justice swings both ways. This article proves that sometimes the good guys can win one.

In a ruling with potentially far-reaching implications for the patenting of human genes, a judge on Monday struck down a company’s patents on two genes linked to an increased risk of breast and ovarian cancer.[...]

Judge Sweet said he invalidated the patents because DNA’s existence in an isolated form does not alter the fundamental quality of DNA as it exists in the body nor the information it encodes.

He rejected arguments that it was acceptable to grant patents on DNA sequences as long as they are claimed in the form of “isolated DNA.”(AP)

I understand that companies invest a lot of money to do the scientific equivalent of looking for a needle in a haystack. But does that entitle them to lock down their findings once they make the discovery? I agree that they should profit from their investment (otherwise no one would make the business proposal) but to patent a DNA sequence seems about as reasonable as patenting the cloud formations that make up sunny days.

Myriad Genetics used their discovery to exclude others from enhancing their discovery. Effectively they created a gene test and marketed and sold them at a premium, locking everyone else out. They also laid claim to anyone else who made the same discovery, basically saying that they held exclusive rights to this sequence of genes. Making a better, cheaper or more widely available test for this sequence was not in Myriad Genetics best interest, so money, not human benefits, were their goal. And for that they deserved to lose.

I'm sorry guys, you may have put in the effort to find the genes but you didn't create them. Just identifying a natural occurrence shouldn't enable you to prevent others from building on your discovery, most especially when it's for the common good. Basically I, and the court of WoS, finds you guilty of being greedy assholes at the cost of lives and suffering. For that you deserve to lose, and I'm plenty glad you did.

Finally let that be a warning to other companies that want to profit by excluding others. If you make the discovery, act fast, think quick and sell your find to those who can maximize the benefits for all people. Not just those who can afford it.