In the most “duh” decision in who knows how long, the Supreme Court ruled today that large, profit-driven corporations (or anyone, for that matter) cannot patent naturally occurring genes:
Pronouncing what may seem like a patent truism, the Supreme Court ruled unanimously on Thursday that biotech researchers have to create something to get monopoly protection to study and apply the phenomenon. Because Myriad Genetics, Inc., “did not create anything,” the Court struck down its patent on isolating human genes from the bloodstream, unchanged from their natural form. Because Myriad did create a synthetic form of the genes, however, that could be eligible for a patent, the Court concluded.
The decision was a major blow to a company that believed it had a right to be the sole user and analyst of two human genes that show a high risk, for women found to have them in their blood, of breast and ovarian cancer.
This is a huge win for science, future research, and, frankly, human lives. Aside from the obvious dubiousness of patenting something that isn’t man-made, it was unconscionably unethical for Myriad Genetics to pursue this case at all. They should feel nothing but shame and moral grief at the human life they were inherently putting at risk. This was a rare excellent decision from the SCOTUS. (Surprisingly, they didn’t randomly and arbitrarily decide, for no discernible reason whatsoever, to also declare that any of the genes involved were people.)