This month’s Supreme Court decision that human genes cannot be patented is unlikely to affect pharmaceutical and GMO companies. The ruling held that isolated DNA cannot be patented because it occurs naturally, but that complementary DNA (cDNA), a synthetic form of DNA, can. One analysis estimates that patents on over 8,000 genes, less than 4,000 of which cover human genes, could be affected by the ruling. The ruling could also impact the ability to patent genes isolated from natural products, such as bacterial genes. Most immediately affected will be Myriad Genetics, which exclusively offers a $4,000 test based on its patents on the BRCA1 and BRCA2 genes. GeneDx, Ambry Genetics, the University of Washington, Montefiore Medical Center and Quest Diagnostics plan to sell competing tests. Starting in 2014, Myriad plans to replace the test with a new test for 25 genes, in line with new offerings from academic labs that use sequencing to target multiple genes. Other tests expected to be affected by the decision include those offered for spinal muscular atrophy and inherited deafness.

Source: New York Times