萬國法律事務所

The United States Supreme Court (USSC) ruled on June 13, 2013, that genes directly found in the human body cannot be patented, but that synthetically created genetic material can be patented because it is deemed as complementary rather than natural.

The company, Myriad Genetics, sells the popular test for the BRCA 1 and BRCA 2 genes and asserts that it owns the patents on the genes. The USSC ruling pointed out that, although the company has identified the important BRCA 1 and BRCA 2 genes linked to hereditary risk of breast and ovarian cancers, the company has not created any invention, nor it is a significant new finding.

The USSC therefore ruled that other people will be able to offer DNA testing for breast and ovarian cancer genes. The USSC decision was considered a victory for cancer patients as more relevant companies may provide the testing services and the gene-related disease research field is opened to all researchers without restrains.

Myriad Genetics has earned profits exceeding US$ 400,000,000 through the very lucrative tests. Although the company stated that the ruling will likely impact its revenue derived from future testing, shares of Myriad Genetics still surged by 10% after this USSC ruling was announced.