finally, the patentability of genes is about to be tested in court. this question has been controversial for several decades. yet, patents of genes continue to be granted and upheld without explicit descriptions of their use. paradoxically, these lax utility criteria do not apply to patents of proteins.
now, the aclu has filed suit arguing that patents of brca1 and brca2 genes, mutations of which are associated with breast and ovarian cancer, are unconstitutional. plaintiff statements, story in nytimes and the lede.