Sunday, October 31st, 2010
Stephan: This is a very interesting reversal of a decades old policy and one might ask why is it happening? It would be lovely to say that the Justice Department suddenly saw the truth that genes are a result of nature, and no one should own a species. I rather suspect, however, that what lies behind this historic shift is the realization that with much of American genetic research influenced if not outright governed by religious dogma, America is falling behind. That being true we could soon find ourselves subordinate to other countries with more sensible policies that patented first, leaving us playing catch up.
The new position was declared in a friend-of-the-court brief filed by the Department of Justice late Friday in a case involving two human genes linked to breast and ovarian cancer.
‘We acknowledge that this conclusion is contrary to the longstanding practice of the Patent and Trademark Office, as well as the practice of the National Institutes of Health and other government agencies that have in the past sought and obtained patents for isolated genomic DNA,