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3Qs: Supreme Court rules human genes can’t be patented

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The U.S. Supreme Court ruled in a unanimous decision Thursday that naturally occurring human genes can’t be patented. The case centered on Myriad Genetics Inc.’s patents on popular breast and ovarian cancer tests. These tests were also recently thrust into the global spotlight when actress Angelina Jolie revealed she underwent a double mastectomy after such a test found her at higher risk for developing breast cancer. In the case, Myriad argued that the DNA it isolated for its cancer tests were patentable, but the court ruled otherwise. The court did, however, rule that synthetically created genetic material, called “complementary” DNA or “cDNA,” can be patented. We asked Michael Bennett, an associate professor in the School of Law who studies patent law and whose research interests lie at the nexus of law and emerging technologies, to examine the impact of the ruling.


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