On Wednesday, the New York Times reported that the US Government took a new position in the hotly debated issue of gene patenting, reversing their long-standing policy. The new position was declared in a brief filed by the Department of Justice in a case involving two human genes linked to breast and ovarian cancer. The US Government now holds that human genes cannot be patented because they are a product of nature, not of mankind. 

This new position could have enormous impact on the biotechnology industry because it effectively overturns decades of policy. The government acknowledged the long standing practice of the Patent and Trademark Office and the National Institutes of Health to seek patents for genetic DNA. 

If the position were to go into effect at the Patent Office, which is still unclear, it would likely draw protests from biotechnology companies who say that such patents are critical in developing cutting edge diagnostic tests and drugs. It is also crucial in the emerging field of personalized medicine, where drugs are tailored to individuals based on their genes. 

The debate over patenting genetic material has been controversial and emotional for decades. Proponents say that genes are isolated from the body and are chemicals different from those found in the body. Because these chemicals are developed through research and innovation, they are subject to patent. Opponents say that genes are products of nature and are not invented by mankind. Patenting them would be akin to patenting an apple, or a flower. 

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