American Civil Liberties Union

Even though they’ve been in our families since the dawn of man, our genes do not belong to us. They’ve been claimed by companies that hold patents on the DNA from our cells. Over the past 20 years, at least 41 percent of our genes have become the intellectual property of corporations. These patent claims contradict an intuitive sense that our DNA is no less ours than our lungs or kidneys. More importantly, these patents, covering thousands of human genes, restrict our doctors’ ability to look at our DNA and plan ahead for our medical treatment.

Earlier this week, a Senate Judiciary subcommittee, chaired by Sen. Sheldon Whitehouse (D-R.I.), held a hearing on campaign finance law enforcement. We submitted comments highlighting a few areas of common ground between the ACLU and proponents of campaign finance reform.

James Evans, MD, PhD is the Bryson Distinguished Professor of Genetics and Medicine at the University of North Carolina Chapel Hill School of Medicine. He was a member of the advisory committee to the U.S. Secretary of Health and Human Services on Genetics, Health and Society and spearheaded that committee's task force investigating gene patenting and its effect on patient care. He also filed an amicus brief in the ACLU's challenge to gene patents.

On April 15, the Supreme Court will hear arguments on a deceptively short question: Are human genes patentable? While the question's phrasing may be succinct and simple, the implications of the Court's answer are vast and critical. On behalf of researchers, genetic counselors, women patients, cancer survivors, breast cancer and women's health groups, and scientific associations representing 150,000 geneticists, pathologists, and laboratory professionals (more info on our clients here), we will argue that the patents on BRCA1 and BRCA2 – two humans genes (your genes!) associated with breast cancer and ovarian cancer – create harmful barriers to scientific progress and medical care. The case is the first challenging whether human genes can be patented.