News / USA

Supreme Court Hears Gene Patent Case

For more than 30 years, companies in the U.S. have been able to patent human genes, giving them exclusive rights to produce drugs, diagnostic tests or other tools based on those genes. But now the U.S. Supreme Court is revisiting this controversial issue. The high court heard arguments Monday in a case that has implications for medicine, agriculture, clean energy and beyond. 
 
Myriad Genetics was the first company to identify two genes that, when defective, greatly increase a woman’s risk of breast and ovarian cancer, two of the most common and lethal forms of the disease. 
 
The company patented the genes and used them to produce a test for the gene defects. Patent protection gave Myriad a 20-year monopoly to recoup its investment. 
 
But outside the Supreme Court, American Civil Liberties Union attorney Chris Hansen said a part of the human body cannot be patented.
 
“The Supreme Court has held for 150 years that you can’t patent a product of nature. You can’t patent gold or iron. A human gene is nothing more than just the same thing. Its structure and function are dictated by nature. It’s not an invention," he said. 
 
But isolating those genes took a great deal of work and a $500 million investment. Greg Castanias is Myriad’s attorney. 
 
“It’s not just the work but it’s ultimately what the result of the work was, which was a new molecule that was never before available to the world, which has potentially lifesaving applications," he said. 
 
The biotechnology industry says gene patents have led to other potentially lifesaving applications like synthetic insulin for diabetics, new treatment for anemia, and many other products. 
 
Castanias says striking down these patents would stifle new advances. 
 
“One possibility is that investment in the biotechnology sector might dry up. Another possibility is that inventions like these, instead of being protected by patents, companies might resort to trade secrets," he said. 
 
Castanias says that while patents are freely available for others to study and learn from, trade secrets would push these discoveries underground. 
 
But the ACLU’s Chris Hansen says the patents risk doing more harm than good. 
 
“Myriad has the authority to stop all research on a piece of the human body. That ought to be sufficient harm in and of itself. But also, Myriad has, in fact, prevented women from getting a second opinion," he said. 
 
A second opinion in the form of another test that could be more accurate. 
 
Companies making biotech products from energy-producing algae to genetically modified cotton are watching the case closely. They are concerned that a strict ruling against gene patents could choke off innovation in the industry.
 
During oral arguments, the Supreme Court justices appeared to be seeking a balance. Many were skeptical that an isolated piece of DNA is substantially different from the same gene found in the body. But they seemed to be looking for ways to allow biotech patents that would protect innovation. 
 
A decision is expected this summer.

You May Like

Uganda Court Annuls Anti-Gay Law

Court says law was passed in parliament without enough members present for a full quorum More

Multimedia Thailand Makes Efforts to Improve Conditions for Migrant Laborers

In Thailand, its not uncommon for parents to bring their children to work; one company, in-collaboration with other organizations, address safety concerns More

In Indonesia, Jihad Video Raises Concern

Video calls on Indonesians to join Islamic State of Iraq and the Levant, ISIL More

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
In Thailand, Some Efforts to Improve Conditions For Migrant Laborersi
X
Steve Herman
August 01, 2014 6:22 PM
Thailand has been facing increasing international scrutiny as a hub of human trafficking and slave labor. Some of the kingdom’s companies are striving to improve working conditions, especially for the millions of migrant laborers from surrounding countries. VOA Correspondent Steve Herman in Bangkok takes a look at one initiative for children at construction sites
Video

Video In Thailand, Some Efforts to Improve Conditions For Migrant Laborers

Thailand has been facing increasing international scrutiny as a hub of human trafficking and slave labor. Some of the kingdom’s companies are striving to improve working conditions, especially for the millions of migrant laborers from surrounding countries. VOA Correspondent Steve Herman in Bangkok takes a look at one initiative for children at construction sites
Video

Video Public Raises its Voice on Power Plant Pollution

In the United States, proposed rules to cut pollution from the nation’s 600 coal-fired power plants are generating a heated debate. The U.S. Environmental Protection Agency, charged with writing and implementing the plan, has already received 300,000 written comments. As VOA’s Rosanne Skirble reports, another 1,600 people are lining up this week at EPA headquarters and at satellite offices around the country to give their testimony in person.
Video

Video Information War Rages Alongside Real One in Ukraine

The downing of the Malaysian airliner two weeks ago, and allegations that Russians are shelling Ukrainian troops across the border, have moved the information war swirling around the Ukrainian conflict to a new level. VOA's Al Pessin reports from Kyiv.
Video

Video When Fighting Eases, Gazans Line Up at Bakeries

When there is a lull in the conflict in Gaza, residents who have been hunkered down in their apartments rush out to stock up on food and other necessities. Probably the most important destination is the local bakery. VOA’s Scott Bobb reports from Gaza City.
Video

Video China Investigates Powerful Former Security Chief

The public in China is welcoming the Communist Party's decision to investigate one of the country's once most powerful politicians, former domestic security chief Zhou Yongkang. Analysts say the move by President Xi Jinping is not only an effort to win more support for the party, but an essential step to furthering much needed economic reforms and removing those who would stand in the way of change. VOA's Bill Ide has more from Beijing.
Video

Video US-Funded Program Offers Honduran Children Alternative to Illegal Immigration

President Obama and Central American leaders recently agreed to come up with a plan to address poverty and crime in the region that is fueling the surge of young migrants trying to illegally enter the United States. VOA’s Brian Padden looks at one such program in Honduras - funded in part by the United States - which gives street kids not only food and safety but a chance for a better life without, crossing the border.
Video

Video 'Fab Lab' Igniting Revolution in Kenya

The University of Nairobi’s Science and Technology Park is banking on 3-D prototyping to spark a manufacturing revolution in the country. Lenny Ruvaga has more for from Nairobi's so-called “FabLab” for VOA.
Video

Video Immigrant Influx on Texas Border Heats Up Political Debate

Immigrants from Central America continue to cross the U.S.-Mexico border in south Texas, seeking asylum in the United States, as officials grapple with ways to deal with the problem and provide shelter for thousands of minors among the illegal border crossers. As VOA's Greg Flakus reports from Houston, the issue is complicated by internal U.S. politics and U.S. relations with the troubled nations that immigrants are fleeing.

AppleAndroid