June 19, 2013
On June 13, 2013, the Supreme Court announced its decision in Association for Molecular Pathology v. Myriad Genetics, Inc. The issue in this case was whether human genes are patentable.
In an opinion delivered by Justice Thomas, the Court held by a vote of 9-0 that a naturally occurring DNA segment is not patentable merely because it has been isolated, but that “complementary” DNA, which is synthetic and does not occur in nature, is patent-eligible. Justice Scalia filed an opinion concurring in part and in the judgment.
To discuss the case, we have Gregory Dolin, who is Associate Professor and Co-Director of the Center for Medicine and Law at the University of Baltimore School of Law.