The College of American Pathology and the California Society of Pathologists 

strongly oppose S. 2140.

Your message: 

As a constituent and licensed pathologist, I urge the Senator to oppose S. 2140, relating to Gene Patent Reform. 

If enacted, S. 2140 would permit patenting of human genes and naturally occurring associations between genes and disease. Gene sequences and pathogenic variants would no longer be protected from patent eligibility as ‘products of natural phenomena’. The negative consequences of S. 2140 would include additional barriers and decreased access to lifesaving genomic tests, loss of access to confirmatory testing, and substantially increased costs of implicated diagnostic testing.

Please Email or Call Today!

Hon. Laphonza Butler 

United States Senator (D-CA) 

https://www.butler.senate.gov/

US Capitol Office: 202-224-3841

Hon. Alex Padilla 

United States Senator (D-CA)  

https://www.padilla.senate.gov/

US Capitol Office: 202-224-3553

Background: 

Ten years ago, the Supreme Court ruled 9-0 in Association for Molecular Pathology v. Myriad Genetics that human genes were products of nature, not intellectual property, and that exclusive patent rights over genes should never be granted to anyone. Last year, Sens. Thom Tillis (R-NC) and Chris Coons (D-DE) introduced S. 2140, the Patent Eligibility Restoration Act of 2023. S. 2140 would eliminate the judicially created exceptions to patent eligibility, thereby overturning Supreme Court precedent on this issue. 

Sens. Tillis and Coons attempted to move similar legislation in 2019, but that effort failed. Before introducing S. 2140, Sen. Tillis organized a stakeholder process, in which the CAP participated, to provide feedback on reforming the patent system. That process did not bear fruit. And, unfortunately, Sens. Tillis and Coons decided to introduce S. 2140. Sens. Tillis and Coons are hoping to move their bill in the Senate Judiciary Committee this month. We need your help to stop that effort. Please contact your Senator and urge them to oppose S. 2140 if it comes up in the Judiciary Committee. 

Additional Resources: 

• Issue Brief
• Opposition Letter
• Immediate past-President Emily Volk, MD, FCAP Op-Ed
• Stakeholder letter opposing PERA

Emily Green, MD

President

California Society of Pathologists

Anne Deucher, MD

Chair

CSP Advocacy/Practice Management Committee