Question

Topic 3. Patent protection for BRCA genes. On the Internet, read one or more articles about how the Supreme Court of the United States (SCOTUS) ruled in the case of Association for Molecular Pathology versus Myriad Genetics. In your answer, give must credit your source(s). Your answer must address the following:

(a) Why did the plaintiffs object to Myriad’s patent on the breast cancer-related genes (BRCA1 and BRCA2)?

(b) How did SCOTUS rule [Note: the rulings of lower courts are NOT of interest for our purposes. Please concentrate on SCOTUS's ruling].

(c) What is your view on the issue of whether we should allow human genes to be patented?

Answer 1

a) As the occurance of cancer like breast and ovarian are increasing, there are companies offerening mutation tests for the genes found to be responsible for these cancers specially BRCA1 and BRCA2. On this regard Myriad Genetics wanted to have patents on this two genes so that oother companies can not offer mutation testing for these two genes. However, the paintiffs objected as these are natures creation and any companies can not patent human gene.

b) The SCOUTS rules out the any genes isolated fro human is not allowed for patenting. As the company Myriad Genetics did not produce a novel product, insted they have only isolated a gene which is naturally present in human body. However, when any companies isolating cDNA s from a gene, that will be eligible for patenting by individual companies.

c) Human genes are not made by any individuals, we can only study a pre-existing genes and therefore we should not go for human gene patenting.