Court to decide whether human genes can be patented

[unhappycamper]

http://chronicle.augusta.com/news/business/2012-11-30/court-decide-whether-human-genes-can-be-patented?v=1354309399

Court to decide whether human genes can be patented
By Jesse J. Holland
Associated Press
Friday, Nov. 30, 2012

WASHINGTON — The Supreme Court announced Friday it will decide whether companies can patent human genes, a decision that could reshape medical research in the United States and the fight against diseases like breast and ovarian cancer.

The justices’ decision will likely resolve an ongoing battle between scientists who believe that genes carrying the secrets of life should not be exploited for commercial gain and companies that argue that a patent is a reward for years of expensive research that moves science forward.

The current case involves Myriad Genetics Inc. of Salt Lake City, which has patents on two genes linked to increased risk of breast and ovarian cancer. Myriad’s BRACAnalysis test looks for mutations on the breast cancer predisposition gene, or BRCA. Those mutations are associated with much greater risks of breast and ovarian cancer.

But the American Civil Liberties Union challenged those patents, arguing that genes couldn’t be patented, and in March 2010, a New York district court agreed. But the U.S. Court of Appeals for the Federal Circuit has now twice ruled that genes can be patented, in Myriad’s case because the isolated DNA has a “markedly different chemical structure” from DNA in the body.

[phantom power]

1. you'd think this wouldn't be a hard argument to make...

"Your Honor(s), do *you* want your DNA patented?"

[siligut]

2. I seem to remember Bill Clinton and Tony Blair deciding that genetic info is not proprietary

For the good of humanity. I want to say something about the location of Myriad Genetics Inc, and their general lack of concern for humanity and their overwhelming greed, plus their seeming ability and desire to flout the law, but I won't.

[gtar100]

3. Surely they jest...oh wait, they're capitalists.

If they want to make the technology for understanding genes proprietary, that's their choice. But the genes themselves? That's just insane.

[undeterred]

4. This is the original slippery slope.

A gene is just a bit of information, right?

Who created that bit of information?

Who discovered it first?

What about a genome? Does being the first to sequence the genome of an organism mean its YOURS?
I think not.
Does being the first to sequence a particular gene mean its yours?
I don't think so.