The Future of Gene Patents and the Implications for Medicine ONLINE FIRST

Jacob S. Sherkow, JD¹; Henry T. Greely, JD¹

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JAMA Intern Med. 2013;():-. doi:10.1001/jamainternmed.2013.10153.

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Published online July 29, 2013

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On June 13, 2013, in Association for Molecular Pathology v Myriad Genetics Inc, the US Supreme Court unanimously ruled that naturally occurring genes cannot be patented. Synthetic transcripts of genes, however, can be patented.¹ The case involved patent claims covering BRCA1 and BRCA2; mutations in these genes are linked to an increased risk for breast and ovarian cancer. Both sides quickly claimed victory. Harry Osterer, MD, a clinician and one of the plaintiffs, declared that the Court’s decision would help society “feel more of the impact of the genomics revolution.”² The Biotechnology Industry Organization claimed that the decision left intact patents on the synthetic transcripts, “the commercially most important form of DNA used in biotechnology.”³ On the day the decision was announced, Myriad Genetics stock initially jumped 12% but finished down 6%. So what does this decision really mean, for both patent law and medicine?