You can’t patent DNA, Supreme Court rules

NBC's Pete Williams shares details on the Supreme Court's unanimous decision that says human genes cannot be patented, but Synthetic DNA is patentable.

By Maggie Fox, Senior Writer, NBC News

Patients, researchers and industry all claimed victory Thursday when the Supreme Court ruled that human DNA cannot be patented, opening the door for dozens of scientists and others trying to market newer and better tests to tell people about their risks for a range of illnesses from cancer to heart disease.

But the unanimous ruling left in place protections for the biotechnology industry and methods used to make drugs based on engineered DNA.

The ruling clearly invalidated Myriad Genetics' most controversial patents on tests for mutations in the BRCA1 and BRCA2 genes that raise the risk of breast, ovarian and other cancers. But it did not go so far as to remove patents on artificial DNA, which is not widely used in genetic testing, but is used in other biotechnology applications.

We just are so glad that women and our genes are not being held hostage by a private corporation any more, said Lisbeth Ceriani, a Massachusetts breast cancer survivor who is one of the plaintiffs in the suit.

The researchers whose lawsuit prompted the decision were also celebrating. They say it will make genetic tests cheaper and far more widely available in the future.

I think it changes everything, Dr. Harry Ostrer, a genetics expert at Albert Einstein College of Medicine in New York and one of the main plaintiffs in the case, told NBC News.

I think this is a green light for us to go ahead with our testing.

Patients will benefit, said Dr. Ossama Tawfik an expert in breast cancer pathology at the University of Kansas Medical Center and a member of the American Society for Clinical Pathology. I know the costs of these tests will be considerably lower without patent protection, allowing more women at risk to be tested, Tawfik said in a statement.

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You can't patent DNA, Supreme Court rules