Gene Patenting — Is the Pendulum Swinging Back?

The author reflects on the criticisms being faced by Myriad Genetics concerning its patents for breast cancer 1, early onset (BRCA1) and breast cancer 2 susceptibility protein (BRCA2) genes and their importance to the screening of breast and ovarian cancer risk. Several patent claims of Myriad were invalidated by a U.S. federal district court judge due to the patentability issue of genes. There is said to be a limitation in the exclusivity of a company's control of composition of matter, manufacture, machine, or process in accordance with the Patent Act.