May
12
The American Civil Liberties Union (ACLU) has filed suit against the U.S. Patent Office, Myriad Genetics, and the University of Utah Research Foundation claiming unconstitutional behavior and a violation of the First Amendment’s right to free speech. Story ยป
Myriad was granted two patents on human genes related to breast and ovarian cancer. These genes are natural forming and were not produced by Myriad. The patents prevent other researchers from testing on these genes and has arguably slowed the rate of progress toward preventing these types of cancer.
The claim that this is a violation of the right to free speech is a bit far-fetched, though. They are not keeping someone from stating their opinion. Is studying a gene “speech”?
While I agree that the patents are wrong, I do not agree with the ACLU’s goals. The suit should have focused on reversing the patents based on existing guidelines and rules. The ACLU will likely not get very far with their approach.
The two patents in question are for publicly available items – which cannot be patented. “It’s like trying to patent the moon,” expressed Arthur Caplan of the Center for Bioethics at the University of Pennsylvania. “You didn’t do anything to create it, just discovered something that already existed.”
Patents are privileges, not rights. They can be taken away if it is found that the patent was issued improperly.
And as much as it pains me to say it, the ACLU is right to try to change this. They are just doing it the wrong way.
Source: CNN.com – ACLU sues over patents on breast cancer genes
When all you have is an ACLU hammer, everything looks like a First Amendment nail.