Forum Thread

Supreme Court to decide if a corporation can own rights to human genes

Reply to ThreadDisplaying 9 Posts
  • Liberal Democrat
    Democrat
    Colorado Springs, CO
    Are you sure you want to delete this post?
        
    The Guardian, April 11, 2013: US supreme court to decide if companies can patent human genes

    USA Today, April 10, 2013: Can human genes be patented?

    Genomics Law Report, Supreme Court to Rule on Patentability of Human Genes

    I've listed three references for those that are interested in this topic. The US supreme court will be hearing oral arguments next week to decide whether companies can patent human genes. The landmark case, Association for Molecular Pathology v. Myriad Genetics, could alter the course of US medical research and the battle against diseases such as breast and ovarian cancer.

    The Court will limit its review to just the first of the three questions posed by the petitioners/plaintiffs, “Are human genes patentable?”

    Christopher Mason, assistant professor at Weill Medical College, states, "If these patents are enforced, our genomic liberty is lost."

    The case has similarities to Monsanto v. Bowman, but in this case we are taking about a corporation's right to patent genes in the human body for profit and control of research rather than controlling the seeds that farmers plant.

    So browse the articles and comment as you hear arguments next week at the Supreme Court: “Are human genes patentable?”
  • Independent
    Ft.myers, FL
    Are you sure you want to delete this post?
        
    Schmidt Wrote: The Guardian, April 11, 2013: US supreme court to decide if companies can patent human genes

    USA Today, April 10, 2013: Can human genes be patented?

    Genomics Law Report, Supreme Court to Rule on Patentability of Human Genes

    I've listed three references for those that are interested in this topic. The US supreme court will be hearing oral arguments next week to decide whether companies can patent human genes. The landmark case, Association for Molecular Pathology v. Myriad Genetics, could alter the course of US medical research and the battle against diseases such as breast and ovarian cancer.

    The Court will limit its review to just the first of the three questions posed by the petitioners/plaintiffs, “Are human genes patentable?”

    Christopher Mason, assistant professor at Weill Medical College, states, "If these patents are enforced, our genomic liberty is lost."

    The case has similarities to Monsanto v. Bowman, but in this case we are taking about a corporation's right to patent genes in the human body for profit and control of research rather than controlling the seeds that farmers plant.

    So browse the articles and comment as you hear arguments next week at the Supreme Court: “Are human genes patentable?”
    I have no clue. My point is what are we talking about. Any "matter" either on earth or elsewhere can be explored and scientifically altered. The only thing is that an individual human body is "owned" by that person. Any genes external of any body becomes just "matter", just like a dead body becomes just "dust" thus "matter". So I think a live "body" then there are "rights" ; outside the body (or a dead body) none.
  • Center Left
    Independent
    Central, FL
    Are you sure you want to delete this post?
        
    Actually Dutch, the science part of DNA may be changing in legal terms that may eventually effect many. Employers are now refusing to hire potential employees who smoke cigarettes. They may ultimately want to not employ people who are prone to be obese because of health care costs. That could lead to not employing people who have in their DNA a propensity of getting cancer, diabetes, or many other diseases. All in the name of saving money. Some feel this would be an invasion of ones privacy.
  • Independent
    Ft.myers, FL
    Are you sure you want to delete this post?
        
    TJ Wrote: Actually Dutch, the science part of DNA may be changing in legal terms that may eventually effect many. Employers are now refusing to hire potential employees who smoke cigarettes. They may ultimately want to not employ people who are prone to be obese because of health care costs. That could lead to not employing people who have in their DNA a propensity of getting cancer, diabetes, or many other diseases. All in the name of saving money. Some feel this would be an invasion of ones privacy.
    I guess you are talking about "behavior" or "disease" of which neither one has anything to do with DNA. DNA is the "body" cell unique charistic, genetics which can be mapped or retrieved; it does not show behavior or specific disease ( sure disease can be found out in all kind of ways)
    I guess what was meant "who can own/use this specific DNA sample (recording) of anyone and do with it whatever they like.
    The thing you mention is something you can do without any DNA test.
  • Are you sure you want to delete this post?
        
    What is really being questioned is "can somebody patent prior to discovery?". Logic says no, but commerce may disagree.
  • Independent
    Ft.myers, FL
    Are you sure you want to delete this post?
        
    GemsWoven Wrote: What is really being questioned is "can somebody patent prior to discovery?". Logic says no, but commerce may disagree.
    Even right now issues are about rights; take for example if you give a blood sample, who has the rights to it? Also sperma in a sperm bank? etc.
  • Center Left
    Independent
    Central, FL
    Are you sure you want to delete this post?
        
    The Supreme Court heard this case.
    http://www.bbc.co.uk/news/world-us-canada-22157410#
  • Are you sure you want to delete this post?
        
    I always thought the rush to patent parts of the genome were about preventing research not doing it. Say I make cold medicine. It is not in my best interest to have you doing research to strengthening the immune system to the point that all 14,00 variants of the common cold are moot. And all I have to do is patent the genes that make up the immune system to protect my bottom line.
  • Democrat
    Lawrence, MA
    Are you sure you want to delete this post?
        
    This is just a small jump from the point we already occupy. Our entire physical existence is controlled by Mobil Oil, General Electric, Monsanto, and a few others. Lying claim to our DNA is just the next logical step.