Supreme Court Rules Human Genes Can't be Patented

[Paula O]

Copied and pasted from the "You Can Thrive!" Newsletter http://youcanthrive.org/

VICTORY: Supreme Court rules human genes cannot be patented!

Urged on by a group of medical researchers, associations and patients, The American Civil Liberties Union filed a suit in 2009 that was ruled on by the Supreme Court today. The lawsuit stated that human genes, including synthetically produced material, should not be patented. It was eventually brought to the supreme court and questioned the gene group that Angelina Jolie used in making her decision to undergo prophylactic mastectomies.

It was ruled this afternoon that Myriad Genetics cannot own the BRCA1 and BRCA2 genetic mutations (their patent is set to expire in 2015). This ruling will help to stop the practice by The U.S. Patent and Trademark Office of granting patents to companies that isolate DNA.

At least 4,000 human gene patents have been granted by The U.S. Patent and Trademark Office. Patents are held by companies, universities and others that have discovered and decoded them. About 40 percent of the human genome has now been patented, according to one study.

This ruling will still allow patents for firms that build DNA from its basic chemicals. This could help patients to have more options when it comes to genetic testing and stop granting rights for companies to own isolated genes. However, this ruling will still allow them to bank on patenting the process which they use to isolate these naturally occurring genes, and any synthetically created materials.

Today many advocates claim victory when the supreme court ruled in favor of the American Civil Liberties Union. However, there is still some ambiguity when it comes to all the patents that are still in effect, it does seems that current gene patents will not be revoked, but it is good news for the future for the consumer a free market is always best, especially when dealing with life.

['lizbeth]

I think this is incredible news. I can understand a patent on a treatment or a test, but a gene - isn't that a monopoly?