A federal judge has invalidated the central patent underlying a noninvasive method of detecting Down syndrome in fetuses without the risk of inducing a miscarriage. The ruling confirms the Supreme Court’s decision in June declaring that human genes may not be patented because they are products of nature.
Judge Susan Illston of the United States District Court in Northern California, issued a ruling last week that the patent was invalid because it covered a natural phenomenon — the presence of DNA from the fetus in the mother’s blood. Judge Illston cited the gene patent case, which involved Myriad Genetics, in her ruling, along with a 2012 Supreme Court decision invalidating patents on a test used to determine the proper dosages of certain drugs.
“It’s hard to imagine patents on diagnostics surviving if that approach is taken,” Christopher M. Holman, a law professor at the University of Missouri-Kansas City, said of Wednesday’s ruling.
Read the full, original story here: Judge Invalidates Patent for a Down Syndrome Test
Additional Resources:
- “Supreme court limits gene patents in mixed ruling,” Bloomberg
- “Myriad attempt to block expansion of breast cancer screening tests hinges on ethical, legal questions,” Genetic Literacy Project
- “Gene-silencing could suppress genetic defect that causes Down syndrome,” Genetics Times
