Natural law

The case under consideration was to determine whether Myriad Genetics,a molecular diagnostics specialist,could hold patents on its discovery of two genes,BRCA1 and BRCA2,associated with breast cancer the same genes Angelina Jolie had tested. Isolating the genes allowed Myriad to create tests to find mutations that could then determine if an individual was at an increased risk of getting cancer,and was a definite scientific breakthrough. But the patent also had a chilling effect on research as other scientists were shut out,restricting medical innovation and testing. Any researcher who wanted to conduct research on a patented gene or DNA sequence would have to pay a licence fee. So,the courts opinion that there would be considerable danger in granting patents on nature has prevented companies from acquiring monopolies on what amounts to parts of the human body.

The court didnt limit patents on synthetic DNA,created in a lab. Or on new applications of knowledge,which means companies like Myriad can continue to develop proprietary innovations that use DNA sequences in new ways. Biotech companies should have enough incentive to continue to invest in this line of research.