patent

This past June, the Supreme Court held in Association for Molecular Pathology v. Myriad Genetics Inc., 569 U.S. __ (2013) that DNA segments encompassing genes cannot be patented. The ACLU and other pro-access organizations rejoiced in victory [1]. Quietly, so did the biotechs [2]. The details of the Supreme Court decision leave many major concerns unaddressed for both sides, perhaps explaining this discrepancy in responses. By examining the two holdings and an important dictum of this case, and contextualizing their biotechnology implications, it is apparent that this case is far from a final say in the question of “patenting life.”