U.S. Supreme Court determined that only the synthetic genes are patentable
The U.S. Supreme Court recently delivered a ruling that will have major implications for the biotechnology industry and medicine, because in a unanimous 9-0 decision, the court stated that “a segment of DNA is natural product of nature and is not patentable because it has been isolated only “.
The ruling is the result of a lawsuit where biotechnology company Myriad Genetics exclusive rights claimed to have two genes that cause breast cancer just because they were the first to isolate and identify their functions.
However, the Supreme Court this does not eliminate the possibility of patenting genes, as assured that individuals and companies have the legal right to patent synthetic genes. That is, it can patent the DNA strands that have been modified in a laboratory “because naturally arise”.
The other that said cutting-and has interesting implications concern, is that the possibility of a genetic mutation that results deliver a DNA sequence that is very similar to a synthetic gene patent, this patent would not eliminate. “The possibility of a rare and unusual phenomenon randomly create a molecule similar to those created synthetically through human ingenuity does not return to the invention unpatentable.”
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