ASCP Urges Members to Weigh In Against Patenting Human Genes

On June 26, ASCP urged its membership via an Action Alert to contact their representatives in Washington, D.C., and urge them to oppose the patenting of human genes. Legislation was recently introduced in Congress that could override the landmark U.S. Supreme Court ruling in AMP v. Myriad Genetics. The draft legislation could allow companies to patent human genes and other laws of nature. This creates the possibility that patents could interfere with clinical care, scientific research, innovation and patient access to critical, life-saving health information like genetic test results. ASCP has joined together with over 160 medical specialty and other associations in writing congressional leaders to oppose the proposed changes to the U.S. Patent Act.

In 2013, the U.S. Supreme Court unanimously ruled in favor of a lawsuit filed by the Association for Molecular Pathology, ASCP, and others arguing that the U.S. Patent and Trade Office (PTO) erred when it awarded several patents to Myriad Genetics covering the BRCA1 and BRCA2 genes. The patent allowed Myriad exclusive rights to assess the risk of developing breast and ovarian cancer based on these genes. ASCP and the other plaintiffs argued that the patent violated §101 of the Patent Act because they were “laws of nature” and that they limit scientific progress. Under the Patent Act, three categories of “inventions” are not patentable: laws of nature, natural phenomena, and abstract ideas. In deciding the case, the U.S. Supreme Court held in AMP v. Myriad Genetics that naturally occurring gene sequence and their natural derivatives products are NOT patent eligible.

The issue of patenting human genes was the focal point of three recent hearings in the Senate Judiciary Subcommittee on Intellectual Property, with the intent of at least partially overriding the Supreme Court.

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For more information regarding ASCP's advocacy initiatives and policy positions, please contact ASCP's Center for Public Policy at (202) 408-1110.

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