Patents have existed for several years now, and they act as incentives to investors and researchers. They prevent competitors from using the invention or use it on particular terms and conditions. Patents can also help a company gain a competitive advantage. In the late 1990s, there were many patents related to the human genome, which were registered by the USPTO (United States Patent and Trademark Office). This era saw a rise in biotechnology companies, and Myriad Genetics Inc. was one of them. The debate over patenting genes has been there for an extended period and has been faced with many controversies. There have been dramatic changes in the way that lawmakers view patents. Also, society has been changing, and people have developed networks. Therefore, I do support the Supreme Court’s ruling.
Genes are naturally occurring materials of a cell or organism. Manifestation of nature should be accessible to all men and reserved exclusively to none. Myriad Genetics Inc. had isolated two genes, BRCA1 and BRCA2, that increases the risks of breast and ovarian cancer. The patents would have hindered any other company from using the genes in their study (WHO, 2021). The ruling created a more open and competitive platform to help biotechnology companies obtain genomic data in the public domain for more research. The two genes naturally occur in the human genome, and all that Myriad did was isolate them. However, since the cDNA is a genetic modification product in a lab to create a new molecule, it can be patented. The molecule is important, as it has been used to manufacture drugs.
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Also, Myriad was vigorously enforcing their patents and had many shortcomings. Firstly, they forcefully made multiple labs to terminate BRCA testing. Secondly, the company testing charges were very high. Thirdly, Myriad had ceased sharing data with the international scientific community. Lastly, the company had refused to update its tests to include mutations, which led to many false-positive results (Simoncelli, 2014).
Additionally, gene patents have been majorly from developed countries, which prevents developing countries with advanced scientific capacity to help in research for developed countries. Gene mutation has been a common phenomenon, and with the Supreme Court's ruling, biotechnology firms will be able to detect the mutations easily without having to worry about patent infringement. The verdict also gave patients their freedom to decide which company would conduct their BRCA tests at an affordable price.
References
Simoncelli, T. (2014, November). Should you be able to patent a human gene? TED . https://www.ted.com/talks/tania_simoncelli_should_you_be_able_to_patent_a_human_gene/up-next
WHO. (2021). Executive summary: Genetics, genomics and the patenting of DNA . https://www.who.int/genomics/publications/background/en/
