NEWS

Human genes may not be patented

Release time:

2017-07-25 13:58

Because of the AMP v. Myriad case, the debate over whether human genes could be patented or not went on for years. Finally, the U.S. Supreme Court ruled in 2013 that human genes cannot be patented, but synthetic DNA (or cDNA) can be patented because it does not occur naturally.

The court's decision invalidated two patents on human genes (BRCA1 and BRCA2) registered by Myriad Genetics. Mutations in these two genes are associated with breast and ovarian cancer. Not long ago, American movie star Angelina Jolie underwent a bilateral mastectomy because of the discovery of a mutation in the BRCA1 gene.

Myriad co-founder Mark Skolnick was the first scientist to isolate and sequence the two genes. In 1995, he obtained the 20-year patent ownership of the two genes. Later, Myriad developed a related detection product BRACAnalysis, and made great profits from it. Tests for the two genes, BRCA1 and BRCA2, cost 3000 to $4000 per test.

In 2009, organizations such as the American Civil Liberties Union and the Public Patent Foundation, which represent multiple medical groups, patients and researchers, filed a lawsuit in the court, arguing that genes cannot be patented. In 2010, a district court in New York barred Myriad from owning the patent. However, the Federal Circuit Court of Appeals reversed the district court's decision. In 2012, the U.S. Supreme Court asked the Federal Circuit Court of Appeals to rehear the case, but the latter once again upheld Myriad's request, and the case eventually returned to the Supreme Court.

On June 13, 2013, nine U.S. Supreme Court justices unanimously ruled that human genes are not patentable. Justice Clarence Thomas wrote in the judgment: "Naturally occurring DNA fragments are products of nature and cannot be qualified for patent application simply because they have been isolated.

News source:http://www.caigou.com.cn/news/2013062444.shtml

This news was re-edited and reorganized by the Huaxun team and added analytical comments.