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Old 06-13-2013, 09:33 AM  
alnorth alnorth is online now
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Supreme Court: Human Genes can not be Patented

The Supreme Court has just unanimously ruled that naturally-occuring human genes can not be patented. The fact that isolating a gene causes chemical bonds to break, thus altering it is not enough to make it patentable.

However, synthetic genes can be patented. Figuring out a new novel way to use a gene or to isolate it could be patented, but that was not being argued in the case. Skimming through the opinion, they give a few examples which clears it up.

Figuring out where the BRCA1 and BRCA2 genes are located, their mutations, and what those mutations can lead to in women, even though it took extensive effort to discover it, does not allow a company to claim the right to be the only company to test for mutations in those genes. Similarly in another non-patentable example, figuring out that a combination of specific kinds of bacteria which each are helpful to the soil for farmers do not compete with one another is not enough to patent a mixture of those bacteria. However, figuring out a way to genetically alter a bacteria to allow it to break down oil could be patented.
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Old 06-13-2013, 09:50 AM   #2
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Old 06-13-2013, 09:53 AM   #3
'Hamas' Jenkins 'Hamas' Jenkins is offline
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The last paragraph you are talking about was established in Chakrabarty v. Diamond, IMO, an absolutely horrendous ruling.

It's nice to see a measure of pause from the precedent set by said ruling.
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Old 06-13-2013, 09:57 AM   #4
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well shit -- now I am left with only tebow's parents to blame.
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