A Delicate Balance of Innovation and Access: The Future of Gene Patenting
In June 2013, the United States Supreme Court invalidated some but not all of the patents on two genes implicated in breast cancer. The 9-0 ruling in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc. et al. is the Court’s seminal statement on human gene patenting. Understanding what the decision means for the future of gene patenting is thus critical for anyone interested in the isolation of genetic variants, genetic testing, commercialization, and personalized medicine and patient care. The Center for Law and Biomedical Sciences at the S.J. Quinney College of Law continues in depth investigation into the science involved in the Myriad decision, the decision’s holding, its implications for industry, and its likely impact on genetic testing in clinical care.