Supreme Court to decide if human genes patentableSubmitted by emalvini on Sat, 12/01/2012 - 15:49
Supreme Court to decide if human genes patentable
By Jonathan Stempel
Fri Nov 30, 2012 5:42pm EST
(Reuters) - The Supreme Court on Friday agreed to decide whether human genes can be patented, a hotly contested issue with broad practical and ethical consequences for the future of gene-based medicine for millions of people worldwide.
The nation's highest court in a brief order agreed to review a case over whether Myriad Genetics Inc may patent two genes linked to hereditary breast and ovarian cancer.
In a 2-1 ruling on August 16, a panel of the U.S. Federal Circuit Court of Appeals in Washington, D.C., upheld the biotechnology company's right to patent "isolated" genes that account for most inherited forms of the two cancers.
That ruling also denied Myriad's effort to patent methods of "comparing" or "analyzing" DNA sequences.