US Supreme Court to Decide Whether Genes Can Be Patented

A highly anticipated court case to decide the legitimacy of patenting human genes was held early Monday morning.The decision will decide whether companies can patent human gene sequences, which will have a substantial impact on the entire medical community.
The high court was split between whether it was acceptable to place patents on human DNA properties and trying not to impede on patents that offer a valuable service.
The biotechnology company, Myriad Genetics, held a patent on two specific genes they say they discovered that identify women at gigher risk for breast cancer. The two genes, BRCA 1 and BRCA 2, are classified as tumor suppressors in which a mutation could indicate the possibility of cancer deveopment in the future.
The Utah based company has held the patent on both genes since 1996 disallowing any research outside of their facilities. A team of scientists, doctors and patients argued against patents on human genes claiming they are a hindrance on further cancer research. But the decision could impact research in all areas of medicine, from Alzheimer's to Muscular Dystrophy, slowing down research and innovation.
Legal action was brought against Myriad by the American Civil Liberties Union back in 2009. Although a federal judge ruled against Myriad in the initial hearing the company filed an appeal immediately following the decision.
Various medical associations are backing the ACLU lawsuit including the American Medical Association who claims the U.S. Patent and Trademark Office has been unfairly granting patents for human genetics since 1982, Bloomberg reported.
Myriad's defense for patenting these possibly life-saving genetic sequences was that they weren't isolated in the human body, but rather synthetically in their laboratory, USA Today reported. The company's legal brief stated, "They were never available to the world until Myriad's scientists applied their inventive faculties to a previously undistinguished mass of genetic matter and created a new chemical entity."
Patents on human genes are especially controversial considering the expensive and meticulous research that is conducted. Myriad currently charges $4,000 for genetic testing on BRCA 1 and BRCA 2 mutations.
The final decision for the US Supreme Court case is set to be handed down by the end of June and will undoubtedly affect other bioresearch companies.