Following a recent announcement from the US Supreme Court, it appears the issue of gene patenting is once again making its way to the forefront of the news.

At the center of this debate is Myriad Genetics and their gene patents for breast and ovarian cancer, BRCA1 and BRCA2. To date, the legal battle has been one characterized by many back and forth decisions. First, the District court invalidated 15 claims for 7 of Myriad’s DNA patents. Myriad then appealed the decision – and upon having the matter taken up by the US Appellate Court – judges issued a ruling that partially favored Myriad by upholding the patentability of isolated genes. Now, following the circulation of a petition on behalf of the American Civil Liberties Union (ACLU) and the clients it represents, the matter will be reviewed by the Supreme Court.

In revisiting the decision, the court will be looking into whether the Appellate Court’s ruling correctly decided that these genes were truly the “product[s] of human ingenuity ‘having a distinctive name, character [and] use.’”

A decision is not expected until mid-2013.

To read the full article, please visit Reuters