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Human DNA is part of nature and can not be patented, has failed on Thursday the United States Supreme Court. DNA only “complementary”, ie synthetic, may be recorded by a trademark.
The high court resolves a dispute and the discovery of two genes linked to ovarian and breast, estimating that “DNA is a product of nature and can not be considered for a patent simply because it has been isolated “states the resolution. On the contrary, it can be claimed intellectual property on a possible synthetic DNA. The sentence was decided unanimously by the nine judges.
case study, called Molecular Pathology Association versus Myriad Genetics (12-398), asks whether the fact that he discovered how to decode genetic material, specifically related to predisposition to ovarian and breast entitles Myriad Genetics to patent his invention and keep the exclusivity of the technique. What the nine justices must resolve is whether “a biological and natural” can be valued in the same way that the inventions discovered by scientists and researchers, and if, in addition, individuals and companies may have intellectual property over them. The Association for Molecular Pathology, who took the case to court, is a group of doctors, and patients associations that brought the lawsuit in 2009 against seven patents owned by Myriad associated with this type of tumor.
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