Who owns your DNA? (2 Viewers)

Justices rule human genes cannot be patented

WASHINGTON -- The Supreme Court ruled Thursday that human genes cannot be patented, a decision with both immediate benefits for some breast and ovarian cancer patients and long-lasting repercussions for biotechnology research.

The decision represents a victory for cancer patients, researchers and geneticists who claimed that a single company's patent raised costs, restricted research and sometimes forced women to have breasts or ovaries removed without sufficient facts or second opinions.

But the court held out a lifeline to Myriad Genetics, the company with an exclusive patent on the isolated form of genes that can foretell an increased genetic risk of cancer. The justices said it can patent a type of DNA that goes beyond extracting the genes from the body.


:a_smil09:
 
So this company was trying to claim a patent just because it discovered it?

Yeah, one of my ancestors discovered fire. I claim its patent and demand royalties on 200,000 years worth of heat-related applications. Pay up, suckers!

Really, it's as dumb as trying to claim you own "Who Dat."
 
So basically

Upheld their right to the process they used for isolation.
Upheld their right to the process through which they use the gene in a marketable way.
Struck down their right to the unchanged but isolated gene its self.
Also stated that if they made changes, beyond isolation, to the gene they would have a right to it.

Seems about right honestly. The rate at which our genes are classified and isolated will probably drop a bit, but research will be more open on the genes that have already been discovered and isolated, which should breed competition, which should stimulate innovation.
 
Glad to see SCOTUS make the right call on this
 

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