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Supreme Court rules human genes may not be patented

washingtonpost.com

31–40 of 58 posts

Re: Supreme Court rules human genes may not be patented

#31
post #26

Earlier quoted context omitted.

>But if that's the case, how is anything on the 23andme test cheap? 23andme is actually doing original research. It scares me a little bit that I did it though because 1) I am afraid of genetic discrimination even though some states have made this illegal. 2) I found out genetic disorders that I did not know I had. Fortunately none are horrendously serious but I found out what will probably kill me at some point like…

Genetic discrimination is illegal nationwide thanks to 2008 GINA: http://www.genome.gov/10002077

Mostly true. If you note the exceptions, life insurance is exempt.

Re: Supreme Court rules human genes may not be patented

#32
post #18

Earlier quoted context omitted.

If I understand the situation correctly, it seems fairly similar to the status quo with drugs, for better or worse. You can't patent chemicals naturally occurring in plants that have medicinal uses, but you can patent synthetic versions of the same drug.

Well, I wouldn't say that...cDNA patents are like saying "You can't copyright that public domain book in .doc format but if you make it a PDF you can". cDNA is no different than post-transcriptional mRNAs that have already been processed to remove introns (Which is part of the "unnatural" claim) in terms of the data stored; cDNA and mRNA are just two different storage mediums. Albeit they have some different biologic…

In Europe you can secure a copyright on a photograph of a work in the public domain (e.g. a Rembrandt). Provided that you've kept the source away from cameras, you can enforce your copyright on the grounds that any instance of "your" image were either copied illegally, or created illegally.

The same does not hold true in the US, thanks to Bridgman Art Library vs. Corel

"Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191 (S.D.N.Y. 1999), was a decision by the United States District Court for the Southern District of New York, which ruled that exact photographic copies of public domain images could not be protected by copyright in the United States because the copies lack originality. Even if accurate reproductions require a great deal of skill, experience and effort, the key element for copyrightability under U.S. law is that copyrighted material must show sufficient originality."

http://en.wikipedia.org/wiki/Bridgeman_Art_Library_v._Corel_....

Of course, this is one ruling by one court. It could be challenged. In the meantime, it looks like the SCOTUS has taken the view that copies can be yours, even if the original isn't.

The practical difference is that the originals are in the genetic makeup of billions and circulating freely, whereas notable paintings tend to be unique and tightly controlled.

Re: Supreme Court rules human genes may not be patented

#33

Interesting contrast to the patenting of crop genes by Monsanto: their crop cross-pollinates with yours, and now they own the seeds of your crop! It's a good thing that the SC struck this down, since it could lead to really weird claims over humans. Imagine if someone receiving patented genes in a treatment absorbed some of that information into their own genetic makeup. Then when they had children, the company could…

"their crop cross-pollinates with yours, and now they own the seeds of your crop!"

It sounds like you picked up some inaccurate propaganda there. Might want to get that checked out.

Re: Supreme Court rules human genes may not be patented

#35
Hypothetically, if Myriad were able to synthesize and market genes, could they patent a synthetic analog to a naturally occurring gene?

e.g. If they isolate a gene that makes a person immune to a specific desease then found a way to package and distribute that gene, could they patent it? It occurred in nature, but something new would be created in packaging it for distribution.

Also, nature can create new genes. If Myriad has a patent on a gene that nature produces later (1 in a bazillion chance), what happens to Myriads patent?

Re: Supreme Court rules human genes may not be patented

#36

Hypothetically, if Myriad were able to synthesize and market genes, could they patent a synthetic analog to a naturally occurring gene? e.g. If they isolate a gene that makes a person immune to a specific desease then found a way to package and distribute that gene, could they patent it? It occurred in nature, but something new would be created in packaging it for distribution. Also, nature can create new genes. If M…

> If they isolate a gene that makes a person immune to a specific desease then found a way to package and distribute that gene, could they patent it?

Aspirin became newly protected because of a distribution method Bayer invented, so yes, regardless of whether the sequence itself is patented.

Re: Supreme Court rules human genes may not be patented

#37
Like Bilski, this represents a short-term victory for those favoring patent protection but also shows that the Supreme Court is at least trying to impose limits on the Federal Circuit's idea that basically everything under the sun should be eligible for patent protection.

Here is an informed summing up by Dennis Crouch at PatentlyO: "What are the consequences [of the ruling]? My immediate reaction is that for most practical applications, the Court's holding means that even though the broadest possible biotechnology product claims (to the isolated DNA itself) aren't going to be patentable, the key elements in making and using a biotechnology-based invention are still going to be protectable via patents (Part III of the Court's opinion makes this especially clear). This will allow researchers and competitors a little bit of wiggle room to design around biotechnology patents because they can use the basic isolated sequence but there will still be substantial limitations on what they can do with that isolated sequence. For this reason, I'm skeptical that the Court's opinion will have a negative effect on the incentives for creating biotechnology-based applications. To the contrary: by affirming that cDNA can be patented, it may strengthen the incentives for investing in research in this area." (http://www.patentlyo.com/patent/2013/06/myriad-isolated-dna-...)

Re: Supreme Court rules human genes may not be patented

#38

What about non-human genes? And if I make an exact replica of a gene, would it be considered "synthesized?"

Seems like the key element is modification (such as removal of exons). The court specifically referred to patenting modified bacteria.

Re: Supreme Court rules human genes may not be patented

#39
post #5

Interesting contrast to the patenting of crop genes by Monsanto: their crop cross-pollinates with yours, and now they own the seeds of your crop! It's a good thing that the SC struck this down, since it could lead to really weird claims over humans. Imagine if someone receiving patented genes in a treatment absorbed some of that information into their own genetic makeup. Then when they had children, the company could…

I'm not entirely convinced this ruling is a win...making cDNA patentable is, from my view in academic research, not a good thing. I also don't understand why the Court is under the impression that cDNA is something magical that is synthesized originally by some complex thing (OK, it's complex but not groundbreaking and has been used for a long time now). cDNA is synthesized by reverse transcription of mRNA, which alr…

Interesting comment and explanation, I was wondering why shares were rising in Myriad and the industry:

http://www.washingtonpost.com/business/myriad-genetics-share...

The high court ruled that genes naturally found in the body cannot be patented, but that synthetically created genetic material, called cDNA, can be patented. That leaves an opening for Myriad to continue making money, Justice Clarence Thomas wrote in the court’s majority decision.

The Supreme Court's move triggered a rally in genetic companies, while none as powerful as Myriad's gains. Industry giant Amgen rose 75 cents, or 0.8%, to $97.12. Smaller genetic companies such as Vermillion, Enzo Biochem and Qiagen rose 1%, 0.9% and 0.7% respectively.

Re: Supreme Court rules human genes may not be patented

#40
post #39
post #5

Earlier quoted context omitted.

I'm not entirely convinced this ruling is a win...making cDNA patentable is, from my view in academic research, not a good thing. I also don't understand why the Court is under the impression that cDNA is something magical that is synthesized originally by some complex thing (OK, it's complex but not groundbreaking and has been used for a long time now). cDNA is synthesized by reverse transcription of mRNA, which alr…

Interesting comment and explanation, I was wondering why shares were rising in Myriad and the industry: http://www.washingtonpost.com/business/myriad-genetics-share... The high court ruled that genes naturally found in the body cannot be patented, but that synthetically created genetic material, called cDNA, can be patented. That leaves an opening for Myriad to continue making money, Justice Clarence Thomas wrote in…

I suppose I could be happy about it since I'm a share holder in Amgen and Qiagen.
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