The US Department of Justice sent a mixed message last week in a brief on whether genes should be patented. The answer is no for genes that are identical to those that occur in the human body, but yes if the genetic material has been altered to make it different from anything in nature.
The DOJ鈥檚 is relevant to a forthcoming case in the appeal court over whether US patents on two genes that raise a woman鈥檚 risk of breast cancer should be allowed to stand. It comes out in support of a ruling in March by a lower court that the patents, owned by biotech firm Myriad Genetics, should be revoked because they cover gene variants identical to ones that can be found naturally in women.
Organisations hoping to ban gene patenting, such as the , are delighted by the DOJ鈥檚 view. 鈥淭he trend internationally is towards rejecting gene patents,鈥� says Chris Hansen of ACLU.
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But the US (BIO) is dismayed by the position on isolated 鈥渘atural鈥� genes, even though the brief came out against the lower court鈥檚 ban on most other types of gene patent. 鈥淚f adopted, the Department of Justice鈥檚 position would undermine US global leadership and investment in the life sciences,鈥� BIO president Jim Greenwood says.
