anthony anthony (
anthony50) says:
The Supreme Court unanimously
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ruled on Thursday that human genes cannot be patented.But in something of a compromise,
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all nine justices said while the naturally occurring isolated biological material itself is not patentable,
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a synthetic version of the gene material may be patented.Legal and medical experts
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believe the decision will have a lasting impact on genetic testing, likely making varieties more widely available and more affordable.
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The overriding legal question addressed was whether "products of nature" can be treated the same as "human-made" inventions,
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allowing them to be held as the exclusive intellectual property of individuals and companies.
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The broader issue involved 21st century conflicts over cutting-edge medical science,
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the power of business and individual legal rights, and how their convergence might influcence decisionmaking over how people
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and medicine manage the prospect and reality of certain diseases, like cancer.The issue has deeply divided the scientific and business communities.
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But it was a blockbuster celebrity, actress Angelina Jolie who brought it to the public in announcing last month that she underwent a double mastectomy
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following a genetic test.The Supreme Court case involves Myriad Genetics, a Utah-based company that was sued over its claim of patents relating to two types of biological material that it identified -- BRCA1 and BRCA2,
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whose mutations are linked to increased hereditary risk for breast and ovarian cancer.
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Since Myriad owns the patent on breast cancer genes, it was the only company that could perform tests for potential abnormalities.
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It says 1 million patients have benefited from its "BRAC Analysis" technology, and that about 250,000 such tests are performed yearly.
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An initial test catches most problems, but the company also offers a second called BART to detect the rest,
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a diagnostic that can cost several thousand dollars.Jolie had Myriad's breast cancer test.
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Plaintiffs and testing Among those challenging the Myriad patents were sisters Eileen Kelly and Kathleen Maxian.
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Kelly was diagnosed with breast cancer at age 40. The initial BRCA test proved negative, meaning her family members were not likely at risk.
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But Maxian later developed ovarian cancer. The second BART testing proved positive, meaning the siblings carried the cancer-causing mutation all along.
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Money was not an issue for them, but Kelly and Maxian,
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