As Court (U.S.) Considers Gene Patents, Case May Overlook Relevant Issues - NYTimes.com Ovarian Cancer and Us OVARIAN CANCER and US Ovarian Cancer and Us

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Monday, April 15, 2013

As Court (U.S.) Considers Gene Patents, Case May Overlook Relevant Issues - NYTimes.com



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"The Supreme Court is poised to take up the highly charged question of whether human genes can be patented. But another question could trump it: Has the field of genetics moved so far so fast that whatever the court decides, it has come too late to the issue?
The case, which will come before the court on Monday, involves patents held by Myriad Genetics on two human genes, which, when mutated, give a woman a high risk of getting breast or ovarian cancer. The patents give Myriad a monopoly on testing for these mutations, a highly lucrative business......

"....But while the debate continues, some experts say patents on human genes are actually fading in importance.
“Events on the ground have overtaken the law,” said Dr. James P. Evans, a professor of genetics and medicine at the University of North Carolina. He said the impact of the Supreme Court’s decision “will be much more ideological than it will be practical.” For one thing, the Myriad patents at issue are due to expire over the next two years."....

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