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    ISOLATING A HUMAN GENE IS NOT A PATENT IT IS A 'DISCOVERY' SAY THE LAWYERS

    Tuesday, February 21st, 2012

    DO COMPANIES HAVE THE RIGHT TO OWN PATENTS ON HUMAN GENES.?

    COMPANIES do not have the right to a patent over human gene sequences and genetic mutations because such biological material is a product of nature, a court has been told.

    The patient advocacy group Cancer Voices has launched landmark legal action against two biotechnology companies that hold patents over a genetic mutation linked to breast and ovarian cancer, known as BRCA1.

    The Federal Court has been asked for the first time to decide if patents granted over segments of human DNA are valid.

    The US biotech company Myriad Genetics and the exclusive Australian licensee, Genetic Technologies, have a monopoly right to control the use of the BRCA1 mutation for research and development as well as diagnostic testing.

    It was granted on the basis that the process of isolating the gene from the human body in a laboratory constituted an “invention”.

    In 2008, Genetic Technologies threatened to invoke its patent by ordering all other laboratories to stop performing BRCA1 diagnostic testing but withdrew after a public backlash. The patent is enforced in the US.

    Rebecca Gilsenan, from Maurice Blackburn lawyers, which is running the case pro bono, said isolating a gene from the human body cannot amount to a patentable invention, as it is merely a ”discovery”.

    Under Australian law, patents can only be granted over “inventions” which constitute a “manner of manufacture” or “manner of new manufacture”.

    The court will have to decide whether a naturally occurring biological material when isolated from its natural environment is a ”manner of manufacture”.

    Ms Gilsenan said the plaintiffs would argue there were no material structural or functional differences between a BRCA1 gene that is inside the body and a BRCA1 gene that has been isolated from the body.

    However, David Shavin, QC, for Myriad, told the court that when removed from the body and used to predict a person’s predisposition to breast or ovarian cancer, the isolated nucleic acid is, in fact, different to that which exists in the cell.

    ”We are not seeking to patent the BRACA1 gene,” he said. ”The thing that has been created and isolated … is an artificially constructed state of affairs.”

    Cancer Voices says allowing genetic mutations linked to specific diseases to be patented could restrict access to life-saving diagnostic procedures and actively discourage scientific research.

    ”More and more research is leading to the genetic diagnosis of cancer,” the group’s executive director, John Stubbs, said outside court. ”They are our genes, we want to make sure they and the diagnostic tests that go along with them are protected.”

    The second applicant, breast cancer survivor Yvonne D’Arcy, said she has taken legal action as she believes biological material should not be used for profit.

    ”If you’re really sick and its a genetic form of cancer, then everyone female down the line should be able to get the testing done at a price they can afford and if its patented, it won’t be,” she said.

    In 2010, a US District Court ruled the same patent was invalid, but the decision was overturned on appeal last year. The American Council for Civil Liberties has petitioned the US Supreme Court to review the decision.

    The hearing before Justice John Nicholas is expected to last up to eight days.

    Sourced & published by Henry Sapiecha

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    YOUR DNA HOLDS SUPRISES.READ THIS WRITE-UP ON THE POSSIBILITIES

    Tuesday, May 3rd, 2011

    The 6 Creepiest Things

    Hiding in Your DNA

    By: C. Coville

    April 28, 2011 1,054,500 views

    #3.
    Grandparent-Based Death Time Bombs

    We’ve mentioned before that your father’s smoking could have made you fat. What we didn’t mention, though, was that your grandparents’ actions could also have doomed you to a short and unhappy life. Man, what did you do to piss off all of history? ‘Cause it sure seems to hate the crap out of you.

    Via Wikimedia Commons
    Do you owe Napoleon money? Dude, just pay it already.

    A study in Sweden revealed a strange pattern in a rural community that had gone through periods of both famine and abundance in the 19th century. The study found that the grandsons of men who’d had childhoods coinciding with abundant years — i.e., the ones who had stuffed their faces with grain for a season or two — had a life expectancy of 32 years less than the grandsons of those who had experienced famine, with the deaths caused mainly by diabetes, heart disease and presumably the shame of having extremely fat grandparents. Daughters with gluttonous grandmothers suffered a similar fate.

    Photos.com
    Though we admit that eating enough to kill future generations is pretty damn impressive.

    Luckily, this delayed-reaction DNA sabotage doesn’t always have to be negative: Mice exposed to “enriched” learning environments developed an improved memory that was passed on to offspring that had never experienced it. Man, it seems like just about anything you do with your life now has a serious impact on the genetics of later generations. So it’s a good thing you’re snacking on broccoli and stimulating your mind with such an esteemed source of learning on your way to save that orphanage, right?

    iStockphoto

    #2.
    Bug Poop

    The assassin bug of South America lands on the faces of sleeping humans and sucks their blood while pooping on them at the same time, proving once again that nature is a sick and murderous pervert. Wait, did you just have a seizure? Weren’t you reading an article on DNA? What the hell are we doing talking about bugs? Oh, God, there aren’t bugs in your DNA, are there?! Relax, relax, it’s nothing like that: It’s just a parasite that lives in the poop floating in your bloodstream.

    Via CDC
    Above: Ew.

    See, when the bug’s victim scratches the bite, the crap sitting on the wound enters his system. And since assassin bugs carry the parasite T. cruzi, you get a free bonus prize with your shit-blood: Chagas disease. This condition can severely damage the heart and digestive system, producing, among other things, a symptom known as “enlarged colon.” It’s responsible for about 20,000 deaths a year, mostly in South America, but it occasionally pops up in the U.S. as well. Researchers who deliberately infected chicken eggs with T. cruzi and then tested the offspring of the infected chickens that emerged found that not only did those chickens have the parasite DNA, but so did their offspring, and so on.

    Photos.com
    And all of their omelets tasted like shit.

    But keep in mind that T. cruzi isn’t necessarily the only parasite in our DNA, just the first we’ve discovered. Your cells might literally be swarming with the stuff. Hey, it’s survival of the fittest. You know the old saying: If you can’t beat ‘em, take a dump in their veins and live forever in their children. If you don’t believe us, just ask Charles Darwin. Oh, wait, you can’t: Chagas disease is thought to have been the illness that killed him.

    Via Wikimedia Commons
    Also, he died over a hundred years ago

    #1.
    The Twin That You Murdered as a Fetus

    Regular Cracked readers probably know by now that babies are capable of murder in the womb, because that’s our end goal: teaching you things that you can never un-know. But even womb murder isn’t the end of the story. In some cases, you can end up absorbing your newly dead twin and having its DNA live on inside you, a condition known formally as “chimerism” and informally as “what happens when God stays up late watching movies by David Lynch.”


    Who just happens to be a Chimera himself.

    In 2002, a woman named Lydia Fairchild submitted DNA tests for her three children as part of a welfare claim, only to have the results prove that genetically, she wasn’t the mother. Since DNA is considered the gold standard of medical evidence, she was accused of somehow stealing the children, even after the poor woman gave birth to another “nonrelated” child right in front of a social worker. Finally, more extensive testing unlocked the mystery: Her ovaries had a different set of DNA than her bloodstream. In other words, she’d given birth to her dead sister’s children. And then, presumably, she never stopped screaming.

    Photos.com
    “And where’s your ‘friend’ at now, sweetie?” “She’s inside me, Mommy. She’s inside me.”

    Again, that’s no fluke: In another case, a woman getting typed for a kidney transplant found out that one son was genetically hers, while two more belonged to her similarly dead sibling. A teenage boy being treated for an undescended testicle turned out to be carrying an ovary on that side from a twin sister — as if an undescended testicle wasn’t going to get him made fun of enough, now he’s half ghost-woman as well? Jesus, screw you too, genetics. Chimerism is thought to be rare but also massively underdiagnosed, since it’s undetectable outside of DNA testing, which doesn’t happen to normal folks all that often. Potential symptoms can include slightly different-colored eyes, uneven skin pigmentation and waking up at night to find ‘YOU KILLED ME’ written on the bathroom mirror just before being strangled by your own reflection.

    Sourced & published by Henry Sapiecha

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    CANCEROUS TUMOUR GROWTH STOPPED IN ITS TRACKS.NEW DISCOVERY IN CANCER TREATMENT.

    Thursday, December 23rd, 2010

    Cure clues from cancer cell close-up

    Dec 17 – Video of tumor growth in zebrafish is providing clues that could lead to new cancer treatments. Images from scientists in the UK and Italy show how new cancer cells co-opt the immune system into helping the disease spread. Rob Muir reports

    Cure clues from cancer cell close-upView video here

    Cure clues from cancer cell close-up

    Sourced & published by Henry Sapiecha

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