You and all physicians should not be stifled in providing care to patients because a part of human biology is patented. That’s what the AMA Litigation Center and state medical societies argued to help them win a case against overly broad patents. The decision represents a victory that keeps medical patents from harming patients’ access to care.
Organized medicine joined with other health care organizations to file an amicus brief in the case against Myriad Genetics, which had staked claims on BRCA1 and BRCA2 breast cancer genes.
The court held that Myriad’s gene patents were invalid because the company had not invented a unique DNA sequence, but had only removed DNA that exists naturally in the body.
The amicus brief argued the patents were overly broad and extended to unpatentable products of nature, not discoveries of man. The court agreed medical discoveries that offer insight into natural human biology must remain available to all and exclusive to none.