They are physicians who obtain and interpret data as the result of examination of tissues, blood, and other body fluids for diagnosis and patient care. The mission of the College of American Pathologists is to represent the interests of patients, the public, and pathologists by fostering excellence in the practice of pathology and laboratory medicine worldwide. We are in the midst of a scientific revolution in genetics that promises extraordinary advances in clinical medicine. As the medical specialists in the diagnosis of disease, CAP members recognize that genetic testing is an area of growth and change for pathology and medical practice in the decades to come. Pathologists therefore have a keen interest in ensuring that gene patents do not restrict the ability of physicians to provide quality diagnostic services to the patients they serve.
Gene patents pose a serious threat to medical advancement, medical education, and patient care.
Information derived from mapping of the human genome represents a naturally occurring, fundamental level of knowledge, which is not invented by man and should not be patented. When patents are granted, subsequent exclusive license agreements and excessive licensing fees prevent researchers, physicians and laboratories from providing genetic based diagnostic services. As a consequence, patient access to care is limited, quality is jeopardized and training of health care providers is restricted. This is particularly true when the United States Patent and Trademark Office grants extremely broad patents on genetic discoveries. The field of Molecular Pathology uses genes and their mutations to predict or diagnose disease in the fetus, the newborn, children and the adult.