On March 29th, federal district court Judge Robert Sweet made history by issuing the first ruling ever that human genes can't be patented. The ruling follows a lawsuit brought by a group of patients and scientists...

Aajonus was blowing the whistle on similar practices back in earlier days, for instance in this early version of the report he authored with Dr. Douglass on Natural Milk. You may search this document for Dr. Samuel Epstein for the discovery related to cancer. The final version of this important document can be obtained by clicking here.

The lawsuit ruling on March 29th was against Myriad Genetics and the University of Utah Research Foundation, which hold the patents on the BRCA genes, as well the U.S. Patent and Trademark Office (USPTO). The suit charged that the challenged patents are illegal and restrict both scientific research and patients' access to medical care, and that patents on human genes violate the First Amendment and patent law.

The specific patents challenged are on the BRCA1 and BRCA2 genes. Mutations along the BRCA1 and BRCA2 genes are responsible for most cases of hereditary breast and ovarian cancers. Myriad's monopoly on the BRCA genes makes it impossible for women to access alternate tests or get a second opinion about their results—allowing Myriad to charge a high rate for their tests.

The precedent-setting ruling marks the first time a court has found patents on genes unlawful and calls into question the validity of patents now held on approximately 2,000 human genes.

Approximately 20 percent of all human genes are patented, including genes associated with Alzheimer's disease, muscular dystrophy, colon cancer, asthma and many other illnesses.

"This ruling is a victory for the free flow of ideas in scientific research," said first amendment attorney Chris Hansen. "The human genome—like the structure of blood, air or water—was discovered, not created. There is an endless amount of information on genes that begs for further discovery, and gene patents put up unacceptable barriers to the free exchange of ideas." (Data from New York Times Judge Invalidates Human Gene Patent)