Patent on human genes rejected by The Supreme Court

Patent on genes rejected as US Supreme Court rules that human genes are not eligible for patent protection

In an amazing case of logic, fairness, common sense and integrity overpowering incredible rich and well-funded corporate bullies, The United States Supreme Court has ruled definitively that human genes cannot be patented.

Myriad Genetics had “patented” the BRCA breast cancer genes and had claimed “no one else can research or even detect it without paying a royalty”.

The biotechnology industry had warned that “an expansive ruling against Myriad could threaten billions of dollars of investment”.

AND YEAH, ER, so what? 

It is my body and my genes thanks very much and my right to be able to do whatever I want with it.

USA Today said “The decision represents a victory for cancer patients, researchers and geneticists who claimed that a single company’s patent raised costs, restricted research and sometimes forced women to have breasts or ovaries removed without sufficient facts or second opinions”

“The Patent Act permits patents to be issued to ‘[w]hoever invents or discovers any new and useful ... composition of matter,’ but ‘laws of nature, natural phenomena, and abstract ideas’ are ‘basic tools of scientific and technological work’ that lie beyond the domain of patent protection”
Justice Clarence Thomas in the CATEGORICAL 9 TO ZERO decision.

The ACLU argued the case before the Court and said “By invalidating these patents, the Court lifted a major barrier to progress in further understanding how we can better treat and prevent diseases.  We celebrate the Court’s ruling as a victory for civil liberties, scientific freedom, patients, and the future of personalized medicine.  It also demonstrates the power of creating alliances and fighting for the public interest.  The ACLU and the Public Patent Foundation filed the case four years ago on behalf of twenty plaintiffs, including organizations representing over 150,000 medical professionals, geneticists, breast cancer and women’s health advocacy groups, and patients.  Few thought we had a chance against the decades-long Patent Office practice as well as the entrenched industry position.  But litigation can be a strong tool in producing change, never more than when diverse communities come together.  Here, the medical, scientific, and patient communities united, and were soon joined by many others, eventually including the U.S. government.  We honor the contributions everyone made to our success today”

The very outspoken Mike Adams has the last word on this and said “Ultimately, this decision is a tremendous victory for all humankind because it prevents the power-hungry, evil-bent medical and biotech corporations from claiming ownership over genetic sequences that already occur in nature”

As reported by AND MedPage Today on June 13, 2013.


Posted: Sunday 23 June 2013