US Supreme Court rules that human genes are not patentable

The United States Supreme Court has released its landmark decision in Association for Molecular Pathology et al v Myriad Genetics, Inc et al. The Court unanimously agreed that “A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patentable because it is not naturally occurring.”

The decision helps to lay the foundation for continued research and application of diagnosis and treatment of diseases at the molecular level.

In supporting AMP’s position, the court’s detailed ruling noted, “In this case … Myriad did not create anything. To be sure, it found an important and useful gene, but separating that gene from its surrounding genetic material is not an act of invention.”

“We believe the High Court today removed a significant barrier to innovation in molecular pathology testing,” said Roger D Klein, MD, JD, AMP Professional Relations Committee Chair, “and we look forward to future advancements in clinical diagnostics and therapeutics that will accrue to the benefit of our patients and our field.”

The court’s decision can be found online at http://www.supremecourt.gov/opinions/12pdf/12-398_8njq.pdf.