ASCP Joins Coalition Opposing Patenting of Human Genes

June 10, 2021

ASCP joined with a coalition of medical societies, patient advocacy organizations, and others in opposition to legislation that would “reverse established Supreme Court precedent and expand patent-eligible subject matter to encompass abstract ideas, laws of nature, or natural phenomena.” The legislation aims to overturn a Supreme Court decision (brought by ASCP, the Association for Molecular Pathology and others) that bars the patenting of genes. The legislation could allow a single company the sole right to market and conduct genetic tests that could identify disease or the risk of disease. This could also adversely affect diagnostics as it could discourage others from conducting research to improve the accuracy and reliability of gene-based tests. In a letter to President Biden, ASCP and others argued that “Current Supreme Court case law prescribing the subject matter that is eligible for patent protection strikes the correct balance between rewarding innovation and protecting competition and further advancement.” For a copy of the letter, click here.

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