Professor Richard Gold leads expert team on ground-breaking gene patent case

Law professor Richard Gold is leading a group of internationally recognized experts on gene patenting and its impact on the delivery of medical care, in connection with legal action launched by the Children’s Hospital of Eastern Ontario (CHEO).

CHEO is challenging U.S. patent holders of a gene related to a rare heart disorder and this legal action, a first in Canada, seeks to ensure that Canadian hospitals and laboratories can offer cutting-edge health care to their patients. The case aims to clear up whether Canadian patent law prevents hospitals and laboratories from offering genetic tests to patients.

Gold and his team will offer their expert assistance to the court in understanding both the genetics and policy questions involved in this case.

“There is a big question mark hanging over the validity of these patents,” said Gold. “The Supreme Court of the United States ruled these types of patents invalid last year. Similar arguments will be presented to Australia’s highest court. It is time to restore certainty in Canada for the benefit of patients and innovators.”

CBC News: U.S. gene patents: Patient care stymied in Canada, hospital claims

Download the full press release [.pdf]