Supreme Court: No One Can
Patent Our Genes
The Supreme Court's unanimous
ruling against Myriad Genetics is a triumph for common sense and the common
good, and for scientific research and legal fundamentals as well. The decision
means that all of the existing patents on human genes—some 15,000 of them—are
no longer valid. It affirms a century of legal precedent that prohibits patents
on “products of nature.” And it puts U.S. law in line with the assertion of
UNESCO, the World Medical Association and the Human Genome Organization that
the human genome is part of the “common heritage of humanity.”
The Supreme Court cut through a
tangle of legalistic confusion to assert that “a naturally occurring DNA
segment is a product of nature and not patent eligible merely because it has
been isolated.” The Court explicitly avoided ruling on “method claims” or
“new applications of knowledge” [italics in the judgment; PDF here]. This
seems reasonable; researchers can freely investigate isolated DNA but can
presumably only patent something they invent.
However, the Court said that
patents on so-called cDNA may be allowable, as long as these synthetic copies
of DNA are not “obvious.” The interpretation of this aspect of the decision may
take some time to clarify.
The ruling in the lawsuit, argued
by the ACLU and Public Patent Foundation on behalf of a group of
plaintiffs including researchers, genetic counselors, women’s health
organizations and breast cancer patients, should significantly bring down the
bloated cost of Myriad’s test for genes that elevate the risk of breast cancer.
And it will reassure scientists doing basic genetic research that they won’t be
sued for patent infringement.