Pharmaceutical Business review

US Supreme Court may rule against human gene patents

In 2009, the American Civil Liberties Union and the Public Patent Foundation filed a suit against Myriad Genetics that has patents for BRCA1 and BRCA2 genes, mutations coupled with breast and ovarian cancer.

Till now, Myriad tested around 1 million patients charging $3,000 per test.

US law states that "laws of nature, natural phenomena and abstract ideas" cannot be patented.

Justice Stephen Breyer was quoted by Los Angeles Times as saying that the patent law is filled with troubled compromises.

"We do want people to invent. On the other hand, we’re very worried about them tying up … a thing that could be used for further advance," Breyer added.

The court insists that the products of nature could not be patented and it is vital to keep them free of restrictions.

Myriad claims that it had obtained US patents for creating new chemical entity from previously undistinguished mass of genetic matter.