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The Supreme Court ruled unanimously Thursday that natural human genes cannot be patented by companies, but it said that synthetically produced genetic material can — a mixed ruling for the biotechnology industry. A naturally occurring piece of DNA is “a product of nature and not patent eligible merely because it has been isolated,” the court said. The case centered on a Salt Lake City company called Myriad Genetics that was granted patents for isolating two human genes, known as BRCA1 and BRCA2, that indicate a higher risk of breast and ovarian cancer. The company now markets tests for those genes. BRCA1 is the gene carried by actress Angelina Jolie, who determined after a test that she was at higher risk of developing breast cancer and chose to have a double mastectomy. The court said that Myriad had found something important and useful, but it ruled that “groundbreaking, innovative, or even brilliant discovery” does not by itself guarantee a patent.
Originally posted by windword
reply to post by buster2010
This is very, very good news!
I remember hearing of a case where an certain individual generated a rare set of genes that were able to be recreated and were able to be used to help defeat a debilitating disease in a multitude of sufferers. The company that isolated that individual's unique gene were claiming ownership of this individual's genes, and therefore, ownership of the "cure". The implications that one company, and one company only could withhold or sell a remedy to whomever they pleased, for whatever price they pleased, is just down right evil!
In a world where corporations play god, this is very, very good news for the medical and agricultural community!
Hopefully that person can now file a lawsuit against them.
Originally posted by LastStarfighter
reply to post by buster2010
Obviously you can't patent something that everyone produces in their own body as it would make every human the intellectual property of a company.
Originally posted by idunno12
Originally posted by LastStarfighter
reply to post by buster2010
Obviously you can't patent something that everyone produces in their own body as it would make every human the intellectual property of a company.
exactly...
That is what makes this so scary...the fact that any corporation is attempting progress in this direction at all. It reminds me of Monsanto, but on a human genetics level.
Originally posted by neo96
I see some people think this is 'good news' but it isn't.
As any product made be it from something sitting on your desk or some new miracle treatment costs billions in R & D.
All the hope of stem cell research that could save millions say goodbye as they are natural human genes.
The patents covering a lot of work on human embryonic stem cells are owned by the Wisconsin Alumni Research Foundation (WARF). WARF does not charge academics to study human stem cells but does charge commercial users. WARF sold Geron Corp. exclusive rights to work on human stem cells but later sued Geron Corp. to recover some of the previously sold rights
Originally posted by marg6043
Hallelujah this is great news and a victory for humanity, now we can tell the police that my DNA is private and only under warrant they can take it
Is interesting because ruling will is an opposition of the one passed that Police could gather DNA from people under suspicion, usually the DNA is send to a data base .
I wonder how this will work.
Originally posted by neo96
reply to post by buster2010
Oh really?
Funny how that 'excuse' doesn't work for human genes.
Suddenly it's about them trying to own them not the work done.