Are human genes and the process of comparing DNA sequences patentable? These questions were raised by a group of researchers, pathologists, patients with cancer, and medical professional organizations challenging some of Myriad Genetics' patents covering the BRCA1 and BRCA2 genes and their use in screening for elevated risks of breast and ovarian cancer. On March 29, in a startling decision, a federal district court judge invalidated many of Myriad's patent claims,1 reigniting a long-simmering debate about the patentability of genes.The Patent Act permits exclusive control for a limited time (currently 20 years) of any “process, machine, manufacture, or composition . . .
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Kesselheim et al. (2010) studied this question.