Medical Practice and Gene Patents

Leonard, Debra G.B.

doi:10.1097/00001888-200212001-00010

Cited by 15 publications

(6 citation statements)

References 2 publications

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“…How do I explain that I am not allowed by law to provide a test based on a part of her genome, a test that both the patient and her physician are asking me to perform, and that is necessary for diagnosis? (Leonard 2002(Leonard , p. 1388 Genetic testing can provide vital information to a patient. Not only might it inform a patient of her risk for a hereditary disease or condition, but more and more, genetic testing can be used to determine appropriate preventive care or treatment options.…”

Section: Impacts Of Gene Patents On Patient Carementioning

confidence: 99%

Making the Case Against Gene Patents

Simoncelli¹,

Park²

2015

Perspectives on Science

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On June 13, 2013, the Supreme Court issued a unanimous decision in Association for Molecular Pathology v. Myriad Genetics, holding that a naturally occurring DNA segment that has merely been "isolated" is not patent eligible, and effectively overturning a longstanding policy that had allowed for patents to be issued on thousands of human genes. Drawing largely on the expert testimony and arguments presented during the court proceedings, this paper provides an overview of the discovery and patenting of the BRCA1 and BRCA2 genes at issue in the case, the impacts of gene patents on biomedical research and innovation and clinical practice, and the legal analysis presented by the plaintiffs throughout the case for how patents issued on genes violate the Patent Act and the U.S. Constitution. Finally, it discusses how the Court's decision in this case marked an extraordinary victory not only for the plaintiffs directly involved, but more generally for women, patients, researchers, civil liberties, and the future of medicine.

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Section: Impacts Of Gene Patents On Patient Carementioning

confidence: 99%

Making the Case Against Gene Patents

Simoncelli¹,

Park²

2015

Perspectives on Science

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show abstract

“…Physicians and patients also claim that patenting of genes restricts patients' access to medical care (Andrews, 2002;Leonard, 2002;Wadman, 2010). Others are strongly opposed to patenting genes on the principle that 'no one should be able to patent life' and that genes are products of nature and are merely discovered by humans and are, therefore, not patentable, as inventions are (Ho, 2000;Wadman, 2010).…”

Section: Patenting Genesmentioning

confidence: 99%

Genetic Engineering and Moral Responsibility

Small¹

2012

Genetic Engineering - Basics, New Applications and Responsibilities

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“…Long controversial, 'gene patents' have recently been the subject of heightened media attention [5][6][7]. Author Michael Crichton, a physician, joined the chorus of gene-patent critics in his novel Next.…”

Section: History Of Gene Patentsmentioning

confidence: 99%

Gene Patents and Personalized Medicine

Klein

2007

Personalized Medicine

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Medical Practice and Gene Patents

Cited by 15 publications

References 2 publications

Making the Case Against Gene Patents

Making the Case Against Gene Patents

Genetic Engineering and Moral Responsibility

Gene Patents and Personalized Medicine

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