PATENTING GENES: WHAT DOES ASSOCIATION FOR MOLECULAR PATHOLOGY V. MYRIAD GENETICS MEAN FOR GENETIC TESTING AND RESEARCH?

During its 2013 term, the U.S. Supreme Court ruled(1) on a challenge to a patent held on genetic tests for certain genes that increase the risk of breast and ovarian cancer. The patent gave one company a monopoly on a genetic test that involved isolating natural deoxyribonucleic acid (DNA) strands and creating synthetic complementary DNA (cDNA) that mirrored the original isolated strands with slight alterations. The Court ruled that synthetically created cDNA is patentable, while isolated natural DNA is not. This installment of Law and the Public's Health examines the Court's decision and its implications for public health.