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View Full Version : VICTORY!: Supreme Court Rules Human Genes May Not Be Patented




tangent4ronpaul
06-13-2013, 09:44 AM
http://www.nytimes.com/2013/06/14/us/supreme-court-rules-human-genes-may-not-be-patented.html?_r=0

Human genes may not be patented, the Supreme Court ruled on Thursday.

“A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated,” Justice Clarence Thomas wrote for a unanimous court. But manipulating a gene to create something not found in nature is an invention eligible for patent protection.

^^^^ OK, not that great. :( Still, good!

The case concerned patents held by Myriad Genetics, a Utah company, on genes that correlate with increased risk of hereditary breast and ovarian cancer.

The central question for the justices in the case, Association for Molecular Pathology v. Myriad Genetics, No. 12-398, was whether isolated genes are “products of nature” that may not be patented or “human-made inventions” eligible for patent protection.

The patents were challenged by scientists and doctors who said their research and ability to help patients had been frustrated.

The court’s ruling will shape the course of scientific research and medical testing, and it may alter the willingness of businesses to invest in the expensive work of isolating and understanding genetic material.

-t

bobbyw24
06-13-2013, 09:46 AM
In a decision that could undo thousands of questionable patents, freeing scientists and citizens from corporate overreach, the Supreme Court has ruled unanimously that human genes—as products of nature—cannot be claimed as private property.

The Thursday morning decision—in Association for Molecular Pathology, et al. v. United States Patent and Trademark Office, et al.—focused on Myriad Genetics, a Utah-based biotech company that claimed the rights to two naturally occurring genes that foster breast and ovarian cancer when they carry certain mutations. Scientists at Myriad identified the two genes, known as BRCA1 and BRCA2, during the early 1990s and went on to develop and market tests that women can use to determine their own risk.

http://tv.msnbc.com/2013/06/13/supreme-court-rules-against-patenting-human-genes/

Grubb556
06-13-2013, 09:47 AM
INB4 DNA gets patented anyway.

KEEF
06-13-2013, 09:53 AM
How will that ruling affect genetic patents found in agriculture?

I want my Honeycrisp apples.

angelatc
06-13-2013, 11:04 AM
How will that ruling affect genetic patents found in agriculture?

I want my Honeycrisp apples.


After reading the opinion, and I am in no way a lawyer, it looks like the company was arguing that because they had invented a way to extract a gene from DNA that they therefore owned the rights to the gene.

The court wrote, 9-0, that things occuring in nature can't be patented, but hinted that synthetic genes could be patented.

John F Kennedy III
06-13-2013, 11:07 AM
Looks like we will all have synthetic dna in the future.

Origanalist
06-13-2013, 11:11 AM
Looks like we will all have synthetic dna in the future.

Sometimes I wonder if we don't already.

Red Green
06-13-2013, 11:13 AM
I thought about patenting my genes but then I realized since I've been giving them away for free all this time, I can't patent them. Oh well.

Constitutional Paulicy
06-13-2013, 11:50 AM
more here..... VIDEO (http://video.msnbc.msn.com/now-with-alex-wagner/52193728/#52192064)