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The American Medical Association opposes the patenting of human genes and related naturally occurring mutations, according to policy adopted June 15 at the organization's Annual Meeting.

"Genes are not legitimately patentable matter," said Raymond Lewandowski, MD, of Corpus Christi, Texas, who proposed the policy as a delegate from the American College of Medical Genetics.

The policy also states that patents that already have been issued should be licensed in a way that allows broad access by physicians and patients. The AMA will support legislation making those who use patented genes for medical diagnosis and research exempt from claims of infringement.

"Gene sequences are part of the practice of medicine and should be widely available," said Edmund Donoghue, MD, of Savannah, Ga., a delegate from the American Society for Clinical Pathology. "When patents are exclusive or prevent physicians and clinical laboratories from using certain tests, when [patents] limit access to medical care and raise costs, that is not in the public interest."

The patenting of genes has long been controversial, with those opposed saying that this practice limits medical research and...