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DNA patent case: US District Judge rules in favor of AMP

Published on April 2, 2010 at 8:31 AM · No Comments

The Association for Molecular Pathology (AMP) is an international medical and professional association representing approximately 1,800 physicians, doctoral scientists, and medical laboratory scientists who perform laboratory testing based on knowledge derived from molecular biology, genetics, and genomics. AMP applauds US District Judge Robert Sweet's ruling in favor of the plaintiffs in the lawsuit, Association for Molecular Pathology, et al. v. U.S. Patent and Trademark Office, et al. "This is a landmark decision that has the potential to dramatically improve patient access to genetic testing. It is a boon to personalized medicine in the purest sense as nothing is more personal than one's genetic makeup. This judgment removes numerous barriers and impediments to clinical research, testing, and innovation since patented genes cannot be invented around, and has implications for how we evaluate each and every patient's genetic information" said Dr. Karen Mann, AMP President.

In 2008, AMP adopted a Policy Statement (http://www.amp.org/Gov/Positions.htm) on gene patenting and the licensing of intellectual property that urged an end to the practice of granting patents on single genes, sequences of the genome or correlations between genetic variations and biological states. AMP also encouraged groups that currently hold gene patents, including higher educational and research institutions, not to grant exclusive licenses to access those patents.

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