Gene Quinn in IPWatchdog.com has an excellent article (please read the whole article) on the Myraid Genetics case.  Mr. Quinn explains the absurdity of the claims by the ACLU.  But the part his article I want to focus on is the assertion by many critiques of “gene patents” that the Patent Office is issuing patents on naturally occurring genes.  As Mr. Quinn’s excellent article shows the claims are clearly not directed to naturally occurring genes – see below.

US Patent No. 5,693,473 is being challenged, and claim 1 states (in relevant part):

1. An isolated DNA comprising an altered BRCA1 DNA…

US Patent No. 5,709,999 is being challenged, and claim 1 states (in relevant part):

1. A method for detecting a germline alteration in a BRCA1 gene…

US Patent No. 5,710,001 is being challenged, and claim 1 states (in relevant part):

1. A method for screening a tumor sample from a human subject ….

US Patent No. 5,753,441 is being challenged, and claim 1 states (in relevant part):

1. A method for screening germline of a human subject…

US Patent No. 6,033,857 is being challenged, and claim 1 states (in relevant part):

1. A method for identifying a mutant BRCA2 nucleotide sequence…