NatureNews echoes many of the points made in Patent Docs post covered in this blog, but also points out that some diagnostic companies may like the government's position on "mere isolated gene sequences" being patent ineligible. Effectively, the DOJ says gene "isolation is not the Mother of invention". This reverses decades old government policy, including that of USPTO and NIH. Critics of the DOJ position (like BIO for example) are crying and gnashing their teeth with predicted doom and gloom outcomes for the biotech industry.
This may not be the universal reaction however depending on your perspective. NN notes that many new gene tests are likely to involve a slew of gene sequences. It can become burdensome very quickly for a new test developer to seek licenses to multiple genes just to develop and conduct a single genetic test. In this instance, the test developers may well like to see these individual gene patents disappear - which can open new business opportunities.
Posted by Bruce Lehr November 2nd 2010.