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Supreme Court Appears Dubious Of Gene Patents, But Wary Of Halting Innovation

Justices appeared to favor the government’s position that synthesized genetic material, but not isolated DNA, can be eligible for a patent during oral arguments last week in the case of The Association of Molecular Pathology v. Myriad Genetics Inc.

Justices on the Supreme Court last week seemed inclined to rule that isolated DNA is not patentable, but they may do so in a manner that would provide some protection to biotech inventions.

During oral arguments April 15 in The Association of Molecular Pathology v. Myriad Genetics Inc., justices repeatedly expressed doubt that the BRCA1 and BRCA2 genes isolated by Myriad are significantly different from the genes as they exist in the body

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