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Right to patent genes upheld

Myriad Genetics' right to patent two genes associated with breast and ovarian cancer, BRCA1 and BRCA2, has been upheld by a US Federal Circuit Court of Appeals in Washington DC.

The lawsuit was filed against Myriad Genetics by the American Civil Liberties Union (ACLU) and the Public Patent Foundation. They argued that patents on human genes, which are a “product of nature”, violate the First Amendment and patent law. The US Supreme Court sent for the case back to the Court of Appeals for re-examination earlier this year.

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