Gene Patents Don't Violate Constitution: USPTO

Law360, New York (January 4, 2010, 7:34 PM EST) -- In the latest chapter in a landmark case over the patentability of human genes, the U.S. Patent and Trademark Office has asked a federal court to toss the case, saying the plaintiffs have failed to allege a violation of the U.S. Constitution.

In a motion lodged Dec. 24 in the U.S. District Court for the Southern District of New York, the USPTO said its decision to license patents on genes thought to play a pivotal role in breast cancer in women did not violate Article I...
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