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Current Events & Hot Topics Current Events & Hot Topics

WTF SCOTUS? A naturally occuring gene cannot be legally patented by a company? You surprise me in a good way.

Posted by on Jun. 13, 2013 at 5:46 PM
  • 34 Replies
2 moms liked this

Natural DNA Cannot Be Patented, Supreme Court Rules

In a decision that could have broad-reaching effects on the future of science and medicine, the Supreme Court that:

— "A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated."

— But, synthetically created "strands of nucleotides known as composite DNA (cDNA)" are "patent eligible" because they do not occur naturally.

The case, , revolved around Myriad Genetics, a Utah biotechnology company that:

"Discovered and isolated two genes — BRCA 1 and BRCA 2 — that are highly associated with hereditary breast and ovarian cancer. Myriad patented its discovery, giving it a 20-year monopoly over use of the genes for research, diagnostics and treatment. A group of researchers, medical groups and patients sued, challenging the patent as invalid."

The court's unanimous decision Thursday, Reuters writes, was "a mixed ruling. ... The nine justices reached a compromise by saying synthetically produced genetic material can be patented but that genes extracted from the human body, known as isolated DNA, do not merit the same legal protections."

Writing for the court, Justice Clarence Thomas says that "we merely hold that genes and the information they encode are not patent eligible ... because they have been isolated from the surrounding genetic material."

Watch for more on the decision and its ramifications .

Neon Washable Paint

by on Jun. 13, 2013 at 5:46 PM
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Replies (1-10):
Carpy
by Ruby Member on Jun. 13, 2013 at 5:49 PM
This decision does not surprise me.;
SuperChicken
by on Jun. 13, 2013 at 5:55 PM

Good.   This ruling will make a huge difference in the research of treatments and cures for genetic disorders.

NWP
by guerrilla girl on Jun. 13, 2013 at 8:53 PM

BUMP!

turtle68
by Mahinaarangi on Jun. 13, 2013 at 9:02 PM
1 mom liked this

why does this ring a bell.  Is there a family that some chemical company stole the gene to make some tablet and then rather than pay compensation to the family kept taking the drug.

....or am I thinking of an episode of Law and Order LMAO (which are sometimes based on true stories hahahaha)

Mommabearbergh
by on Jun. 13, 2013 at 9:09 PM
I seen that episode.


Quoting turtle68:

why does this ring a bell.  Is there a family that some chemical company stole the gene to make some tablet and then rather than pay compensation to the family kept taking the drug.

....or am I thinking of an episode of Law and Order LMAO (which are sometimes based on true stories hahahaha)


Mommabearbergh
by on Jun. 13, 2013 at 9:11 PM
1 mom liked this
To bad its to late for Henrietta lacks family
turtle68
by Mahinaarangi on Jun. 13, 2013 at 9:11 PM

LOL...so it was a tv show!  I need to stop watching that much tv...starting to think its real life hahahaha

Quoting Mommabearbergh:

I seen that episode.


Quoting turtle68:

why does this ring a bell.  Is there a family that some chemical company stole the gene to make some tablet and then rather than pay compensation to the family kept taking the drug.

....or am I thinking of an episode of Law and Order LMAO (which are sometimes based on true stories hahahaha)



Mommabearbergh
by on Jun. 13, 2013 at 9:15 PM
2 moms liked this
It was sort of real. If you look up Henrietta lacks aka hela cells you will come across a lot of information.


Quoting turtle68:

LOL...so it was a tv show!  I need to stop watching that much tv...starting to think its real life hahahaha

Quoting Mommabearbergh:

I seen that episode.





Quoting turtle68:

why does this ring a bell.  Is there a family that some chemical company stole the gene to make some tablet and then rather than pay compensation to the family kept taking the drug.

....or am I thinking of an episode of Law and Order LMAO (which are sometimes based on true stories hahahaha)





turtle68
by Mahinaarangi on Jun. 13, 2013 at 9:30 PM

Interesting reading...thanks :-)

Quoting Mommabearbergh:

It was sort of real. If you look up Henrietta lacks aka hela cells you will come across a lot of information.


Quoting turtle68:

LOL...so it was a tv show!  I need to stop watching that much tv...starting to think its real life hahahaha

Quoting Mommabearbergh:

I seen that episode.





Quoting turtle68:

why does this ring a bell.  Is there a family that some chemical company stole the gene to make some tablet and then rather than pay compensation to the family kept taking the drug.

....or am I thinking of an episode of Law and Order LMAO (which are sometimes based on true stories hahahaha)






UpSheRises
by Platinum Member on Jun. 13, 2013 at 9:35 PM

Is it too late though? Statute of limitations?


Quoting Mommabearbergh:

To bad its to late for Henrietta lacks family



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