Supreme Court bars patents on human genes

The Supreme Court ruled unanimously that human genes are a “product of nature” and therefore may not be patented.

The Supreme Court last week ruled unanimously that human genes are a “product of nature” and therefore may not be patented. The ruling quashed patents held by pharmaceutical company Myriad Genetics on two genes linked to breast and ovarian cancer. Myriad argued they had “isolated” the genes by spending millions of dollars on research. Justice Clarence Thomas stated that “naturally occurring DNA” may not be treated in the same way as “human-made” inventions. Myriad had been the only company legally able to perform expensive tests for hereditary breast and ovarian cancers. Within hours of the ruling, several other companies announced plans to offer testing for the genes.

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