Can medical facts be patented?

26 March 2006

A hearing of the USA's Supreme Court this week is expected to clarify the extent to which patents can be awarded for the discovery of a correlation between raised levels of the chemical homocystein and a deficiency in two B vitamins. The court, in accepting to hear the case of Laboratory Corp versus Metabolite Laboratories, has already stated that the issue revolves around whether someone can "claim a monopoly over a basic scientific relationship used in medical treatment."

The case has attracted the attention of opponents of intellectual property rights, who consider that, if granted, the patent would trigger a number of frivolous applications.

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