U.S. Supreme Court Rules Human Genes Cannot Be Patented

The Supreme Court ruled on Thursday that human genes as found in nature cannot be patented, according to The Washington Post.

In the ruling, the court found that patents on genes like those associated with breast cancer, BRCA1 and BRCA2, cannot be patented because no "invention" was required to something that already exists in nature.

However, artificial DNA created by scientists can be patented and the court made it clear that the method in which such creations are made is not affected by the ruling.

The case, Association for Molecular Pathology v. Myriad Genetics, involved Myriad's trying to patent the breast cancer genes that were isolated by scientists at Myriad.

Mutations reportedly in BRCA1 and BRCA2 genes are associated with a higher risk of breast and ovarian cancers.

According to reports, the court ruling will potentially influence the future of medical and genetic research.

"Researchers have complained for years that the patents on the BRCA genes and others has inhibited research by blocking access to tests for the genes," Politico reported. "James Watson, the co-discover of the structure of DNA, had filed a brief urging the court to keep genetic code in the public domain."

Patients who wanted to find out if they had mutations in the breast cancer genes reportedly had to use tests developed by the companies that owned them, which created high costs for the tests.

Breast cancer genetic tests may cost patients a few thousand dollars, and some insurance companies only cover part of the cost, according to Politico.com.

In recent breast cancer news, Angelina Jolie opened up about he decision to undergo a preventative double mastectomy because of genetics test.

"My doctors estimated that I had an 87 percent risk of breast cancer and a 50 percent risk of ovarian cancer, although the risk is different in the case of each woman," Jolie wrote in an op-ed piece in the New York Times.

Jolie wrote about how difficult it was to see her mother fight cancer influencing her decision to go through the medical procedures.

Real Time Analytics