The patenting of genes is an ongoing issue in the federal court system. For some genes, such as BRCA1, different courts have reached contradictory conclusions regarding the legality of patents. This uncertainty creates a hostile climate for research into specific genes, as it may prove impossible to apply the resulting findings to medical treatments due to patent infringement.
Genes are naturally occurring phenomena. The majority of our knowledge about genetics is derived from publicly funded research. It therefore makes little sense to allow the patenting of specific genes or mutations by private entities.