On June 13, 2013, the Supreme Court ruled unanimously that companies cannot patent genes (Association for Molecular Pathology vs Myriad Genetics, Inc., Docket # 12-398). Do a little research on this subject and then present an argument to defend why you agree or disagree with this decision. Include specific examples to support your argument. If after your research you are still on the fence about the decision, explain why using specific examples. Be sure to substantiate your comments with references, and post citations and links to websites/books/articles that you use.

 

Patenting of Genes

Gene patents are an exclusive right awarded by the government to an entity, company, or business that purports to find the gene for a certain sequence of DNA (a gene). For the next two decades, the patent holder controls how the gene can be employed in commercial and non-profit situations, including research. Companies commonly hold the monopoly of genetic testing for patented genes due to gene patents. As a result, I agree with the Supreme Court's decision that companies cannot patent genes since genes occur naturally, and patenting genes impedes research.

Genes should not be patented since they occur naturally and are thus not eligible to be patented. Furthermore, over 4,000 human genes are covered by at least one patent, which some believe is harmful to society. Myriad Genetics, for example, has a patent on BRCA1 and BRCA2, two genes that are strongly linked to breast cancer ("Human Genes Should Not Be Patented," 2021). The cost of testing for mutations in these genes is exorbitant, and other firms are barred from doing so owing to patent monopoly protection. As a result, genetic patents may deter patients from getting checked, mainly since the examination is not usually insured. 

Gene patenting hinders research. Many people think gene patents will undermine research as patents have provided their proprietors' intellectual property rights on the copyright-proper genome sequence for many years. For example, Myriad Genetics has patents for the gene variants of BRCA1 and BRCA2 related to ovarian and hereditary breasts ("Gene Patenting," 2021). The diagnostic examinations of these genes by patents are now exclusively the right of Myriad Genetics. Consequently, other companies are not allowed to work with these genes, therefore preventing them from making major findings on these copyrighted genes.

I wholeheartedly agree with the Supreme Court's unanimous decision that naturally existing genes cannot be patented. I support this point of view since giving exclusive rights to firms has always culminated in these firms possessing exclusive control over genetic testing for genes that have been copyrighted. Therefore, this hinders healthcare provision and research.