NEWS OF THE WEEK
PATENTING HUMAN GENES
SHU T T ERSTO CK
means, when it is bonded to other genetic material, is worlds apart from possessing an isolated DNA molecule that is in hand and usable,” Lourie writes. “It is the difference between knowledge of nature and reducing a portion of nature to concrete form, the latter activity INNOVATION: Appeals court being what the patent overturns ban on gene patents; laws seek to encourage biotech industry scores victory and protect.” Peter D. Meldrum, president and CEO of FEDERAL APPEALS COURT has ruled that huMyriad Genetics, welman genes can be patented, overturning a lower comes the ruling. “We court’s decision that involved a widely used strongly support the genetic test for two types of cancer. The case, which court’s decision that ultimately may be decided by the Supreme Court, has isolated DNA and cDNA far-reaching implications for biotechnology and phar[complementary DNA] maceutical companies. are patent-eligible materiThe 2-1 ruling by a panel of the U.S. Court of Appeals al as both are new chemifor the Federal Circuit on July 29 reverses a district court cal matter with important decision and supports the right of Myriad Genetics, a utilities which can only Salt Lake City-based biotech firm, to patent two “isoexist as the product of hulated” human genes, BRCA1 and BRCA2, that account for man ingenuity,” he says. most inherited forms of breast and ovarian cancers. Paul M. Rivard, a patThe American Civil Liberties Union (ACLU) filed ent attorney in the Washa lawsuit against Myriad in 2009 that sought to have ington, D.C., office of Banner & Witcoff, tells C&EN the patents revoked, arguing that genes are “products that the decision should be regarded as a huge win for of nature” and therefore cannot be patented. The suit the biotech industry. “The Federal Circuit’s ruling sigcontends that the patents stifle diagnostic testing and nificantly reaffirms settled expectations of the biotech research that could lead to cures and that industry by holding that isolated DNA molthey limit women’s options regarding their ecules are patent eligible because they are medical care. “We strongly markedly different from DNA as it exists in In March 2010, U.S. District Judge Robert support nature,” he says. W. Sweet ruled that Myriad’s patents were ACLU says it will consult with its clients the court’s invalid, finding that isolated DNA molecules decision that to decide whether to appeal or seek another are ineligible for patent protection because The plaintiffs, which include reisolated DNA remedy. they involve a “law of nature.” search and women’s health groups, are likely and cDNA But appellate Judge Alan Lourie says that to ask the full court to rehear the case or seek DNA isolated from the body is “markedly dif- are patentreview by the Supreme Court, which recently ferent” from DNA inside the chromosomes. eligible has taken an interest in patent cases involv“The ability to visualize a DNA molecule ing subject matter eligibility, according to material.” through a microscope, or by any other —PETER D. MELDRUM Rivard.—GLENN HESS
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TAIWAN Fires at petrochemical complex force a shutdown by Formosa Plastics Taiwan’s government has ordered Formosa Plastics Group to shut down much of its Mailiao petrochemical complex in phases and to conduct thorough safety inspections. The order follows the latest of seven fires that have plagued the facility over the past year. Taking responsibility for all the accidents, three senior executives of Formosa Petrochemical, including its chairman and its president, have resigned. A core company in the Formosa group, Formosa Petrochemical is the largest operator of
facilities at the giant Mailiao site. Worth more than $10 billion, Mailiao came on-line in 1998 after Formosa fought the government and nearby residents for 13 years over environmental concerns. Relations between the Formosa group and residents living near its facilities have historically been poor. After the most recent fire, local residents of Yunlin County, where Mailiao is located, demanded a complete halt to operations at the complex. Formosa says it does not know what
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caused the most recent fire, which occurred on July 30 in a propylene unit. The company says it will comply with government orders to conduct inspections but that it will need to hire foreign technicians because there aren’t enough people in Taiwan with relevant experience. The credit rating agency Taiwan Ratings revised its debt outlook for the Formosa group to “negative” because closures of plants at Mailiao will put pressure on the group’s revenues.—JEANFRANÇOIS TREMBLAY
