Sorry, you can't patent your genes

The Supreme Court unanimously rules that "separating [a] gene from its surrounding genetic material is not an act of invention"

Genes
(Image credit: Thinkstock/iStockphoto)

Guess we're not that special after all. The Supreme Court unanimously ruled on Thursday that human genes, including all their individual parts, are not eligible for patent protections under the law. SCOTUS's perfectly sound logic? You didn't invent your genetic material.

The case in question concerned Utah-based Myriad Genetics, which held an exclusive patent on an isolated pair of genes that can help predict a woman's risk for breast and ovarian cancers. (It's the same test Angelina Jolie took before opting for a preventive double mastectomy.) In the court's decision, Justice Clarence Thomas wrote, "Myriad did not create anything… To be sure, it found an important and useful gene, but separating that gene from its surrounding genetic material is not an act of invention."

Subscribe to The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE
https://cdn.mos.cms.futurecdn.net/flexiimages/jacafc5zvs1692883516.jpg

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

Sign up
To continue reading this article...
Continue reading this article and get limited website access each month.
Get unlimited website access, exclusive newsletters plus much more.
Cancel or pause at any time.
Already a subscriber to The Week?
Not sure which email you used for your subscription? Contact us
Chris Gayomali is the science and technology editor for TheWeek.com. Previously, he was a tech reporter at TIME. His work has also appeared in Men's Journal, Esquire, and The Atlantic, among other places. Follow him on Twitter and Facebook.