Almost 20 percent of human genes are patented, and the U is getting sued for contributing to the amount.
More than 15 years ago, U researchers isolated two genes, BRCA1 and BRCA2, which indicate a high hereditary risk for breast and ovarian cancer. The U patented the genes and entered a license agreement with Utah-based Myriad Genetics, which used the isolated genetic material to develop and patent a breast and ovarian cancer screening test, according to Myriad’s Web site.
On May 12, the American Civil Liberties Union joined five cancer patients and a host of public and private interest groups in filing a lawsuit against the University of Utah Research Foundation, Myriad Genetics and the U.S. Patent and Trademark Office, disputing the constitutionality of patenting genes8212;organic, naturally occurring substances.
Critics of the patents argue that individuals have a right to know what is occurring in their own bodies and that these patents impede research by raising complex legal issues that can raise overall costs to institutions.
On the implications of a patent office victory in court, U philosophy professor Bryan Benham said, “It’s going to have a chilling effect on many researchers.” He said, however, that he doesn’t come down strongly on one side of the issue, and that an ACLU victory could just as easily harm the U by cutting off these patents as a source of revenue.
The U research foundation released a statement affirming its intent to honor all contractual obligations with Myriad, but offered no indication of what effect the suit might have on future patents or whether the U’s stance on the broader controversy over the patents has changed.
“There is room for discussion of those issues,” said foundation President Thomas Parks. He described the issue as a dual-edged sword, pointing to past instances when U researchers’ work has been inhibited by fears of running afoul of patent rights.
However, Parks said he is instructed to “optimize the value of intellectual property,” referring to the process as “part of the university’s duty.”
Although opinions on the issue of gene patenting remain sharply divided, few disagree about one fact8212;the research environment is becoming increasingly complex.
Parks, for his part, is prepared to take any change resulting from the case in stride, and said, “It’s just another change in the landscape that we all operate in.”