American Civil Liberties Union

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SIGN A MESSAGE OF SUPPORT >> Join the thousands of people who have voiced support for the BRCA gene patents challenge

On May 12, 2009, the ACLU and the Public Patent Foundation (PUBPAT) filed a lawsuit charging that patents on two human genes associated with breast and ovarian cancer are unconstitutional and invalid. The suit charges that the patents stifle diagnostic testing and research that could lead to cures and that they limit women's options regarding their medical care.

The lawsuit, Association for Molecular Pathology, et al. v. U.S. Patent and Trademark Office, et al., was filed 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. The lawsuit was filed against the U.S. Patent and Trademark Office, as well as Myriad Genetics and the University of Utah Research Foundation, which hold the patents on the genes, BRCA1 and BRCA2. The lawsuit charges that patents on human genes violate the First Amendment and patent law because genes are "products of nature" and therefore can't be patented.

The U.S. Patent and Trademark Office (PTO) has granted thousands of patents on human genes – in fact, about 20 percent of our genes are patented. A gene patent holder has the right to prevent anyone from studying, testing or even looking at a gene. As a result, scientific research and genetic testing has been delayed, limited or even shut down due to concerns about gene patents.

On March 29, 2010 a New York federal court ruled that the patents on the BRCA1 and BRCA2 genes are invalid.

To read more about the current status of the case, click here.

PLAINTIFFS
	Association For Molecular Pathology (Jan Nowak, MD, PhD, President) About AMP >> Statement >>		American College Of Medical Genetics (Michael S. Watson, PhD, Executive Director) About ACMG >> Statement >>
	American Society For Clinical Pathology (Barbara McKenna, MD, President) About ASCP >> Statement >>		College Of American Pathologists (Jeffrey A. Kant, MD, PhD) About CAP >>
	Haig Kazazian, MD Biography >> Statement >>		Arupa Ganguly, PhD Biography >> Statement >>
	Wendy Chung, MD, PhD Biography >> Statement >>		Harry Ostrer, MD Biography >> Statement >>
	David Ledbetter, PhD Biography >> Statement >>		Stephen Warren, PhD Biography >> Statement >>
	Ellen Matloff, MS Biography >> Statement >>		Breast Cancer Action (Barbara Brenner, Executive Director) About BCA >> Statement >>
	Our Bodies Ourselves (Boston Women's Health Book Collective) (Judy Norsigian, Executive Director) About OBOS >> Statement >>		Lisbeth Ceriani Biography >> Statement >>
	Runi Limary Biography >> Statement >>		Genae Girard Biography >> Statement >>
	Vicky Thomason Biography >> Statement >>		Kathleen Raker Biography >> Statement >>
	Elsa Reich, MS Biography >> Statement >>

KEY NEWS & COMMENTARY
> Video: 60 Minutes - Should Firms Be Able to Own Your Genes? (4/4/10)
> Blog: Who Owns Your Genes? You Do. (3/30/10)
> Release: Patents On Breast Cancer Genes Ruled Invalid In ACLU/PubPat Case (3/29/10)
> Blog: First Federal Court Hearing on Whether Human Genes Should Be Patented (2/3/2010)
> Release: ACLU and PUBPAT Argue Today That Patents on Breast Cancer Genes Are Unconstitutional and Invalid (2/2/2010)
> Release: Court Upholds Right of Scientists and Patients to Challenge Gene Patents (11/2/2009)
> Huffington Post: Joanna Rudnick's Video Interview With Myriad CEO (5/14/2009)
> New York Times: Cancer Patients Challenge the Patenting of a Gene (5/12/2009)

CASE DOCUMENTS
> Complaint (5/12/2009)
> Plaintiffs' Memo in Support of Motion for Summary Judgement (8/26/2009)
> Amicus Briefs:

MORE
> Patents on Human Genes: A Patient's Perspective
> Statements Of Support
> Fact Sheet: Genes and Patents Q&A
> Facebook: Don't Patent My Genes! Liberate the Breast Cancer Genes!
> Public Patent Foundation, Benjamin N. Cardozo School of Law (Co-Counsel)
> www.whoownsyourbody.org
> Congressional Testimony: Dr. Marc Grodman, Dr. Wendy Chung, and Dr. Katherine Mathews
> Panel Discussion: BRCA Testing And Gene Patents With Tania Simoncelli, ACLU Science Advisor
> Film: In the Family
> Genetics of Breast and Ovarian Cancer (PDQ): Major Genes (National Cancer Institute )
> Genetic Testing for BRCA1 and BRCA2: It's Your Choice (National Cancer Institute)
> How Genes Work (National Institute of General Medical Sciences)

TAKE THE ACLU'S GENETIC TESTING SURVEY >>