Gene Patents, Patenting Life and the Impact of Court Rulings on US Stem Cell Patents and Research

Abstract

In June 2013, the US Supreme Court ruled that naturally occurring genes were unpatentable in the case Association for Molecular Pathology v. Myriad Genetics. Up until this decision, Myriad Genetics was the only company in the USA that could legally conduct diagnostic testing for BRCA1 and 2, genes that are linked to familial breast and ovarian cancer. The court case and rulings garnered discussion in public about patenting biological materials. This paper will describe the progression of the Myriad Genetics case, similar US rulings and biological intellectual property policies. In addition, it will discuss the impact of the case on biological patents – specifically those for human embryonic stem cells.

Keywords::

• AMP
• BRCA
• genes
• myriad genetics
• patents
• USPTO

Financial & competing interests disclosure

This project was supported by the Baker Institute’s Science and Technology Policy Program, as well as the Baker Institute International Stem Cell Policy program, which was endowed by the State of Qatar in collaboration with the Qatar Foundation for Education, Science and Community Development. The authors have no other relevant affiliations or financial involvement with any organization or entity with a financial interest in or financial conflict with the subject matter or materials discussed in the manuscript apart from those disclosed.

No writing assistance was utilized in the production of this manuscript.

Additional information

Funding

This project was supported by the Baker Institute’s Science and Technology Policy Program, as well as the Baker Institute International Stem Cell Policy program, which was endowed by the State of Qatar in collaboration with the Qatar Foundation for Education, Science and Community Development. The authors have no other relevant affiliations or financial involvement with any organization or entity with a financial interest in or financial conflict with the subject matter or materials discussed in the manuscript apart from those disclosed. No writing assistance was utilized in the production of this manuscript.