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Unpublished Paper
Genomics Unbound: The Bright Future of Genetic Testing and Therapy in Light of Prometheus
ExpressO (2012)
  • Fazal Khan, University of Georgia School of Law
  • Lindsay Kessler, Loyola University Chicago School of Law
Abstract
This article sets out why gene patents are detrimental to society and further explains why the Supreme Court’s decision in Prometheus unfetters the field of genomics from thirty years of bad precedent. Certain vested interests in the biotechnology industry have long argued that gene patents are needed to promote innovation and ultimately benefits the public interest. However, using Myriad’s breast cancer gene patents on BRCA1 and BRCA2 as a case study, this article argues the opposite. Essentially, gene patents stifle research, impede patient access to affordable testing, and set back the development of new therapies. In addition, this article analyzes the Supreme Court decision in Prometheus v. Mayo and explains why the logic of this case should invalidate gene patents as impermissible attempts to monopolize the laws of nature.
Keywords
  • Patents,
  • Genes,
  • Genetics,
  • Genomics,
  • Myriad,
  • Prometheus,
  • Biotechnology
Disciplines
Publication Date
April 17, 2012
Citation Information
Fazal Khan and Lindsay Kessler. "Genomics Unbound: The Bright Future of Genetic Testing and Therapy in Light of Prometheus" ExpressO (2012)
Available at: http://works.bepress.com/fazal_khan/6/