Secretary's Advisory Committee on Genetics, Health, and Society
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First, as many on the committee are probably aware, AMP is a lead plaintiff in the recent lawsuit brought by the American Civil Liberties Union challenging the validity of the BRCA 1 and BRCA 2 patents. While we have significant concerns about the patenting of DNA, our concern extends beyond that to the negative impact of exclusive and restrictive licensing practices, such as is the case for the genes associated with spinal muscular atrophy and the Connexin-26, and Connexin-30 genes. At the last meeting, we encouraged the Committee to consider exploring additional case studies that demonstrate this point in the final report. AMP looks forward to reading the final report on gene patents and licensing practices and is hopeful that it will also comment on the challenge of sole source providers of molecular diagnostic tests. AMP commends the Committee for taking the time to examine the practices and consequences of patenting genetic material.