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

Fukushima radiation killing children, government hiding the truth
2014 04 22
Katsutaka Idogawa, former mayor of Futaba, a town near the disabled Fukushima nuclear plant, is warning his country that radiation contamination is affecting Japan’s greatest treasure - its children. Asked about government plans to relocate the people of Fatuba to the city of Iwaki, inside the Fukushima prefecture, Idogawa criticized the move as a "violation of human rights." Compared with Chernobyl, radiation ...
Why your fingerprints may not be unique
2014 04 22
Assumption that everyone has a unique fingerprint from which they can be identified through a computer database is flawed, says Home Office expert Mike Silverman Fingerprint evidence linking criminals to crime scenes has played a fundamental role in convictions in Britain since the first forensic laboratory was set up in Scotland Yard in 1901. But the basic assumption that everyone has a ...
Asteroids cause dozens of nuclear-scale blasts in Earth’s atmosphere
2014 04 22
Asteroids caused 26 nuclear-scale explosions in the Earth’s atmosphere between 2000 and 2013, a new report reveals. Some were more powerful – in one case, dozens of times stronger – than the atom bomb blast that destroyed Hiroshima in 1945 with an energy yield equivalent to 16 kilotons of TNT. Most occurred too high in the atmosphere to cause any serious damage ...
‘Editing DNA’ to eliminate genetic conditions now a reality
2014 04 22
Scientists have employed a revolutionary genome-editing computer technique that accurately identifies one faulty genetic “letter” among billions and effortlessly repairs a genetic condition in animals, paving way for human trials. The success, by MIT in Boston, is the latest achievement in the field of genome editing that has been catapulted into the spotlight through a technology that can pinpoint genetic faults ...
EU should ’undermine national homogeneity’ says UN migration chief
2014 04 22
The EU should "do its best to undermine" the "homogeneity" of its member states, the UN’s special representative for migration has said. Peter Sutherland told peers the future prosperity of many EU states depended on them becoming multicultural. He also suggested the UK government’s immigration policy had no basis in international law. He was being quizzed by the Lords EU home affairs sub-committee ...
More News »