U.S. Supreme Court rules human DNA cannot be patented (unless synthetic)
2013 06 13

From: Reuters

In a first of its kind ruling on human genes, a unanimous U.S. Supreme Court on Thursday decided that synthetically produced genetic material can be patented but naturally occurring DNA extracted from the human body cannot.

The nine justices handed a partial victory to Salt Lake City, Utah-based biotechnology company Myriad Genetics Inc, which holds the patents in question. But the rights group that challenged the patents also found reason to be pleased.

The biotechnology industry had warned that an expansive ruling against Myriad could threaten billions of dollars of investment.

The contentious, uniquely 21st century question before the court was whether any human genes can ever be patented - meaning the holders have exclusive rights to their intellectual property for a defined period.

The court, in an opinion written by Justice Clarence Thomas, ruled that a synthetically produced genetic material made by scientists, known as cDNA, can be patented but that genes extracted from the human body, known as isolated DNA, do not merit the same legal protections.

The compromise outcome, which was urged by the Obama administration, will have less impact on Myriad. The Myriad patents in dispute will all expire by 2015.



Myriad’s shares jumped 10 percent to $37.47 after the ruling was issued.

The ruling means some of Myriad’s patents involving cDNA will likely survive, but the parties disagreed on that point.

The case arose when a group of medical researchers, associations and patients - represented by the American Civil Liberties Union - filed suit in 2009, saying human genes, including synthetically produced material, should not be patented.

They challenged seven patents owned by or licensed to Myriad on two genes - called BRCA1 and BRCA2 - linked to breast and ovarian cancer. A federal judge said the patents were invalid. An appeals court overruled that decision, and the case landed at the Supreme Court.

"Today, the court struck down a major barrier to patient care and medical innovation," said Sandra Park of the ACLU 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."

The U.S. Patent and Trademark Office has granted patents on at least 4,000 human genes to companies, universities and others that have discovered and decoded them. Patents now cover some 40 percent of the human genome, according to one study.

[...]

Read the full article at: reuters.com




READ: The Supreme Court Rules That Some DNA Can Still Be Patented





Related Articles
Angelina Jolie’s mastectomy decision highlights row over genetic technology
Angelina Jolie’s aunt dies of breast cancer
UK Man has Prostate Removed after Tests Reveal ’Jolie’ Gene Flaw
Unnecessary Mutilation? Angelina Jolie and Pre-Cancer Breast Removal
Can Human Genes Be Patented?
Open Seeds: Biopiracy and the Patenting of Life
Angelina Jolie part of a clever corporate scheme to protect billions in BRCA gene patents, influence Supreme Court decision? (opinion)


Latest News from our Front Page

STAGED INFECTION: Has The Ebola ‘Outbreak’ Narrative Fallen Apart?
2014 10 22
Over the past month, the ‘pandemic’ propaganda surrounding the deadly Ebola virus seemed to reach vitriolic levels – raising serious questions about the validity of this current viral outbreak… On Monday of this week, it was reported that 48 people were released and cleared after a 21-day quarantine due to their contact with the now deceased Ebola-stricken patient Thomas Eric ...
6,000-Year-Old Temple with Possible Sacrificial Altars Discovered
2014 10 21
A 6,000-year-old temple holding humanlike figurines and sacrificed animal remains has been discovered within a massive prehistoric settlement in Ukraine. Built before writing was invented, the temple is about 60 by 20 meters (197 by 66 feet) in size. It was a "two-story building made of wood and clay surrounded by a galleried courtyard," the upper floor divided into five ...
What happened to Journalist Serena Shim? Assassinated? Find out what happened to Serena, Press TV director calls on Turkey
2014 10 21
Press TV news director Hamid Reza Emadi says the “suspicious death,” of the news channel’s correspondent in Turkey is a tragedy for “anyone who wants to get the truth.” Emadi made the remarks in an interview with Press TV on Sunday following Serena Shim’s death across the border from Syria’s Kurdish city of Kobani, where the ISIL terrorists and Kurdish fighters ...
Ancient Roman Nanotechnology Inspires Next-Generation Holograms for Information Storage
2014 10 21
The Lycurgus Cup, as it is known due to its depiction of a scene involving King Lycurgus of Thrace, is a 1,600-year-old jade green Roman chalice that changes colour depending on the direction of the light upon it. It baffled scientists ever since the glass chalice was acquired by the British Museum in the 1950s, as they could not work ...
Rapid Geomagnetic Reversal Possibility: Confirmed
2014 10 21
From the video: "The scientists who conducted the study are still unsure why the magnetic field is weakening, but one likely reason is the Earth’s magnetic poles are getting ready to flip, said Rune Floberghagen, the ESA’s Swarm mission manager. In fact, the data suggest magnetic north is moving toward Siberia." Tune into Red Ice Radio: Ben Davidson - Suspicious0bservers: Space Weather ...
More News »