Supreme Court Says Human Genes Aren't Patentable

Many implications for medical research, but I generally agree with ruling. No one has rights to my genes just because they mapped them.

Updated June 13, 2013, 1:41 p.m. ET
Supreme Court Says Human Genes Aren't Patentable
Supreme Court Says Human Genes Aren't Patentable - WSJ.com
By BRENT KENDALL and JESS BRAVIN

The Supreme Court unanimously ruled Thursday that human genes isolated from the body can't be patented, a victory for doctors and patients who argued that such patents interfere with scientific research and the practice of medicine.

The court was handing down one of its most significant rulings in the age of molecular medicine, deciding who may own the fundamental building blocks of life.

The case involved Myriad Genetics Inc. ... which holds patents related to two genes, known as BRCA1 and BRCA2, that can indicate whether a woman has a heightened risk of developing breast cancer or ovarian cancer."..."

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EDIT/addition:
Myriad, the company that 'lost' the ruling, is up today because

WSJ continues said:

"....However, the ruling wasn't a complete loss for Myriad. The court said that DNA molecules synthesized in a laboratory were eligible for patent protection. Myriad's shares were up 7.6% in early afternoon trading Thursday.

The court adopted the position advanced by the Obama administration, which argued that isolated forms of naturally occurring DNA weren't patentable, but artificial DNA molecules were.".."

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But artificial DNA can be patented now. Which essentially accomplishes the same thing as Human DNA being patentable once people start engaging in Gattaca style genetic engineering.

You want to no heart disease no cancer gene for your baby? That'll be $50K

Thank God. The only downside is that it takes the profit-motive driving a lot of that research away so it may slow scientific advancement but it is the right decision. Now, if they would rule the same way on plants i.e. businesses cannot patent and own the rights to plants, the world will be a better place.

Fisher said:

Thank God. The only downside is that it takes the profit-motive driving a lot of that research away so it may slow scientific advancement but it is the right decision. Now, if they would rule the same way on plants i.e. businesses cannot patent and own the rights to plants, the world will be a better place.

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Or that's why China, India and Russia will take over soon, because they see no problems with commercially exploiting human genes, which becomes THE thing in a few decades.

German guy said:

Or that's why China, India and Russia will take over soon, because they see no problems with commercially exploiting human genes, which becomes THE thing in a few decades.

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If you want a country that cannot keep lead out of its toys or plastic out of its food to tinker with your DNA, feel free.

Fisher said:

If you want a country that cannot keep lead out of its toys or plastic out of its food to tinker with your DNA, feel free.

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Well, at least Khan Noonian Singh doesn't look Indian anymore lately.

Well, at least they got DNA ruling right. It kind of figures they ****ed up the more important one of the two though.

The high court's unanimous judgment reverses three decades of patent awards by government officials. It throws out patents held by Salt Lake City-based Myriad Genetics Inc. on an increasingly popular breast cancer test brought into the public eye recently by actress Angelina Jolie's revelation that she had a double mastectomy because of one of the genes involved in this case.



The company has used its patent to come up with its BRACAnalysis test, which looks for mutations on the breast cancer predisposition gene, or BRCA. Those mutations are associated with much greater risks of breast and ovarian cancer. Women with a faulty gene have a three to seven times greater risk of developing breast cancer and also have a higher risk of ovarian cancer.

Myriad's stock price jumped 10 percent after the ruling and was above $36 a share in early afternoon trading.

"Today, the court struck down a major barrier to patient care and medical innovation," said Sandra Park, a lawyer for the American Civil Liberties Union Women's Rights Project. "Myriad did not invent the BRCA genes and should not control them. Because of this ruling, patients will have greater access to genetic testing and scientists can engage in research on these genes without fear of being sued.".....snip~

Court says human genes cannot be patented

Looks like the ACLU is happy about this ruling. So anything synthetic will be acceptable. What would be the down-side to such testing?