The U.S. Supreme Court Takes On Gene Patents

Mayes, Randall
July 2013
Futurist;Jul/Aug2013, Vol. 47 Issue 4, p6
The article discusses the April 2013 U.S. Supreme Court case "Association of Molecular Pathology, et al. v. U.S. Patent and Trademark Office," regarding the patenting of two human genes BRCA1 and BRCA2, initiated by the American Civil Liberties Union against biotechnology company Myriad Genetics and the U.S. Patent and Trademark Office (USPTO) in 2009. The author looks at the plaintiffs' case when it was in Federal Circuit Court, focusing on arguments related to the ownership of human genes under the U.S. Constitution. Additional topics include Myriad Genetics' development of personalized medicine, the company's ownership of rights to a BRCA screening test, and the use of trade secrets, evidenced by vaccine inventor Louis Pasteur.


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