Art Caplan on the Myriad Decision: Patenting natural DNA never made sense

Bill of Health contributor Art Caplan weighed in on the Supreme Court’s decision in the Myriad case with an opinion piece at NBC:

“The Supreme Court has finally done what should have been done years ago — declared that genes which naturally exist in all of us cannot be patented.  For years Myriad Genetics, the company that sells the genetic tests used by Angelina Jolie and thousands of other women to assess their risk of breast cancer and ovarian cancer, has held back the development of better tests and access for many women to testing by invoking their patent claims on key genes. Now the Supreme Court has rightly said that kind of patent is not valid.

“Patenting a naturally existing gene never made any sense. Sure, it takes work to figure out what genes do, but the rewards for that are publications, tenure, professional honors and even a Nobel Prize — not a patent. Patents should be given not for discovery, but for inventions: What genes can you change; what test kit can you build; what program can you run to screen genetic risks?

“The implications of the decision could be far broader than Myriad, whose stock price went up after the ruling. Many companies have taken out patents on genes not only those found in humans but in animals, microbes and plants.  All of these are now in question — which may cause some reevaluation of the worth of some companies who have been touting their ownership of genes to Wall Street.”

You can read the full piece here: Patenting natural DNA never made sense.

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