WASHINGTON (NEWS) --- The Supreme Court ruled unanimously Thursday that human genes cannot be patented. The resolution could lower the cost of genetic testing for certain health problems, but it could also discourage investment in certain genetic research.
The case involves patents held by Utah-based Milliard Genetics on genes linked to hereditary breast and ovarian cancers. The patents have been challenged by scientists and doctors who claim their research and ability to help patients has been hampered.
The court's ruling clearly distinguishes DNA that occurs in nature from DNA synthesized in laboratories. It will also have a significant impact on the process of scientific research and medical experiments in other fields. For companies invested in the costly effort to understand genetic material, the distinction could change the kind of research and development they do.
The ruling follows the position of the Obama administration, which had urged legal authorities to rule that isolated DNA was not patentable, but that synthetic DNA created in a laboratory, also known as supplemental DNA or cDNA, was not patentable. should be protected by patent law. In adopting the second line of argument, Thursday's ruling provides a partial victory for Milliard and other companies investing in genetic research.
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