Patenting Human Genes	May 31, 2013 • Volume 23, Issue 20
Should the Supreme Court uphold patents on human genes?

By Kenneth Jost

Introduction

A demonstrator stands outside the U.S. Supreme Court (AFP/Getty Images/Mladen Antonov)

A demonstrator stands outside the U.S. Supreme Court on April 15, 2013, as the justices prepared to hear arguments on the highly charged issue of whether human genes can be patented. Myriad Genetics is defending its patent rights before the court in a closely watched case brought by a coalition of scientists, clinicians, patients and women's health groups. (AFP/Getty Images/Mladen Antonov)

The Supreme Court is set to decide by the end of June a case challenging a Utah company's patents on two breast-cancer genes that can indicate heightened risks of breast or ovarian cancer. Myriad Genetics has used its gene patents to maintain a monopoly on the lucrative market for genetic testing among women worried about a family history of breast cancer. Backed by patent lawyers and other biotech firms, the company argues that gene-related patents provide financial incentives for medical research, but women's health advocates say Myriad's aggressive use of its patent rights has made it harder and more expensive for women to have genetic testing. The case drew added attention this month when the actress Angelina Jolie revealed that she had undergone a preventive double mastectomy after testing positive for a defective breast cancer gene.

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