Diagnostic Kits/Changing Winds For Gene Patenting In the US

Saez, C., Changing Winds For Gene Patenting In the US? Stakeholders React To Draft Report, October 2009 Available at: http://www.ip-watch.org/weblog/2009/10/29/changing-winds-for-gene-patenting-in-the-us-stakeholders-react-to-draft-report/

• "The draft report provided by the US Health and Human Resources Secretary’s Advisory Committee on Genetics, Health and Society (SACGHS) obtained by Intellectual Property Watch gave a set of recommendations including the exemption from patent infringement liability “for those who use patent-protected genes in the pursuit of research.” It also called “for anyone making, using, ordering, offering for sale, or selling a test developed under the patent for patient care purposes.” Biotechnology representatives, meanwhile, vehemently reasserted the indispensable role of patents in innovation."

• The Draft Report
  • The committee sought to “evaluate whether patents induce innovation in the genetics area.” According to the latest draft report, case studies show that “although patents offer an incentive to companies to conduct research and develop genetic diagnostics, exclusive rights are not needed to advance the development of most genetic tests.”

• Medical Associations Opposed to Gene Patents
  • The Association for Molecular Pathology (AMP)
  • The College of American Pathologists

• Industry: Committee Shooting at “Wrong Targets”
  • "Biotechnology Industry Organization (BIO) said that no restriction should be applied to the enforcement of patents and exclusive licences with respect to genetic tests, and argued against some of the SACGHS recommendations."