A federal appeals court ruled out that the genes may be patented thus overturning lower court decision which had shocked biotechnological sector. Court of Appeals for Federal Circuit that specializes in the patent cases reported that the Myriad Genetics was actually entitled to the patents on human genes that used to forecast whether females have increased threat of facing ovarian and breast cancer.
The court also ruled that the DNA isolated from body was basically eligible for the patents due to the fact that it was different in the chemical structure from the DNA which exists in body. As a consequence, isolated DBA is not just a product of the nature that will not be eligible for patent.
Decision on patentability of the DNA and genes cheered much of the biotechnological field. A huge amount of human genes have thus been patented and the biotechnology experts say that such patents are very important to encourage innovation and development of the diagnostic tests.
Critics have also said that it is not ethical to patent a thing that is a part of one’s body or natural world. Other critics have even said that patents can actually impede the patient care. Myriad’s complete test for diagnosis of breast cancer risk costs over $3000 as the gene patents give company the monopoly to this type of testing.
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