Association for Molecular Pathology V. Myriad Genetics, Inc.

“Supreme Court held that naturally occurring DNA cannot be patented, but synthetic DNA (cDNA) can be”

Facts

Myriad Genetics discovered the precise location and sequence of BRCA1 and BRCA2 genes, mutations of which increase cancer risk. Myriad obtained patents on the isolated genes and methods of testing for mutations. The Association for Molecular Pathology sued, arguing that genes are products of nature and not patentable. The lower courts gave conflicting decisions, leading to Supreme Court review.

Issue / Question

Whether human genes can be patented when isolated from the body.

Findings / Reasoning

The Supreme Court held that a naturally occurring DNA segment is a product of nature and not patentable simply because it is isolated. However, cDNA, which is synthetically created, is patent eligible because it is not naturally occurring.

Suggestions / Implications

Biotechnology companies cannot patent naturally occurring genes. This encourages open research but limits exclusive rights for gene discovery.

Judgment / Date

June 13, 2013 – Supreme Court unanimously ruled against gene patents for naturally occurring DNA.