Question Details

What will the Supreme Court ruling on isolated genes be?

What will the Supreme Court ruling on isolated genes be?

Asked by: Super Userkruijs in Politics » United States
Settled on 06/13/2013 20:29 Settled by Super Userkruijs
Winning option:Rules as products of nature Companies cannot patent specific pieces of DNA, the US Supreme Court declared on Thursday, in a mixed decision that also affirmed the rights of the $83bn biotechnology industry in synthetic genetic products.

The justices ruled that synthetic DNA – strands of genetic material that have been modified in a lab – could be patented because this process involved some human input.

“A naturally occurring DNA segment is a product of nature and not patent-eligible merely because it has been isolated,” Justice Clarence Thomas wrote in the unanimous decision.

Myriad “found an important and useful gene, but groundbreaking, innovative or even brilliant discovery does not by itself satisfy the [patent],” he wrote.

http://www.ft.com/cms/s/0/025fb4bc-d43d-11e2-8639-00144feab7de.html

Predictions

Rules as products of nature
which generally may not be patented
Rules as human made inventions
eligible for patent protection
No ruling or a compromise
No ruling or a compromise

Background

In a lively Supreme Court argument on Monday, the justices struggled to find a narrow way to rule on the momentous question of whether human genes may be patented.

Some justices expressed concern about making sure that businesses continue to engage in expensive research. Others worried that allowing genes to be patented would shut down innovation.

“Why would a company undertake massive investment if it cannot patent?” asked Justice Antonin Scalia. But Justice Sonia Sotomayor suggested that an isolated gene is “just nature sitting there.”

The central question for the justices in the case, Association for Molecular Pathology v. Myriad Genetics, No. 12-398, was whether isolated genes are “products of nature” that may not be patented or “human-made inventions” eligible for patent protection.

http://www.nytimes.com/2013/04/16/business/justices-tackle-the-patenting-of-human-genes.html?hp#h[]

Find similar: supreme court, isoleted genes, myriad

Comments

Comment on this question:

Sign in to comment

   Super Userkruijs

The Supreme Court announced three opinions this morning but none of them were the decisions most of the country was hoping for.

When it took this case, the Supreme Court agreed to hear only one direct question, “Are human genes patentable?” The court, therefore, let stand the lower court decisions on all other questions.

On this case there might be a compromise. The justices could strike down patents for isolated DNA but allow patents for manipulated complementary DNA strands.

The result from this case may have little real world repercussions. Very few companies have a business model like Myriad, based on one single-gene patent, and Myriad’s patents are going to expire in a few years one way or another.

http://communities.washingtontimes.com/neighborhood/political-potpourri/2013/jun/10/still-no-supreme-court-ruling-fisherwindsorperrymy/

Integrate this question on your website or blog Get Widget!

What's This!?

  • This is a user submitted question. Players make predictions on what they expect to be the actual outcome.

    more...

  • Register for free and get 1,000 KtN$
    in virtual cash to start predicting!

  • Limited offer: Sign up today and recieve double cash!

Advertisement