US Supreme Court Says Human Genes Can’t Be Patented

In a demonstration of just how deeply entrenched science and medicine are in our everyday lives, an article in the Wall Street Journal today announced an important decision from the US Supreme Court: Human Genes cannot be patented.

This has been hotly contested: those arguing for patent have argued that the research and development done with the genes is costly, and without the protection of patents, it is likely to go unfunded. Those arguing against patent have pointed out the flaw of patenting a gene carried by millions of people (or even just a few), and worse, the trouble that is caused when a carrier of a gene seeks treatment for their condition, only to find out their own genetic code is locked under patent protection.

I, personally, am an advocate of openness and freedom. I believe that keeping medical research like this locked under patent is absurd, and often hinders advancements in treatment. I will note, however, that I am not currently employed by any researchers, and thus I am not bound by any such privacy agreements myself. I can understand if a scientist’s work and livelihood is dependent on funding and thus on signing privacy agreements. I may find them absurd, but at the end of the day, pragmatism still has its place.

Still, I think this was a victory for the open exchange of ideas. What do you think? Will this be a boon to medicine? Should it have ever been in question?

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