Sunday 23 June 2013

Supreme Court Gene Patents Ruling Opens Genetic Test Options

reverse transcriptase is a naturally occouring enzyme, and viruses make cDNA all the time, and your cells remove introns all the time, so there is absofuckinglutely nothing patentable about cDNA

But the cDNAs that people would like to patent is not simply endogenously present - it has to be created using an entirely artificial process. And reverse transcriptase isn't a naturally occurring enzyme in humans, or at least not the kind that's used to make cDNA*. And our cells remove introns only to make mRNA, not cDNA. So it's a little deceptive to say that cDNA is a natural product and therefore not patentable. If your rather simplistic argument were valid, a vast number of forms of gene manipulation and genetic engineering would become unpatentable, because organisms undergo gene manipulation all the time. (The most extreme example is probably horizontal gene transfer, but there are plenty of other weird things going on, many involving viruses.)

Now, my personal preference (as both a scientist and a consumer) is for as few patents as possible on any genetic material, and I was relieved to see Myriad get slapped down by all nine justices. But what I prefer isn't always in line with what current case law decrees is allowable, and I wouldn't call the Supreme Court incompetent just because they didn't reach the conclusion I personally favor.

(* In fact, the polymerases used in molecular biology labs are often heavily engineered for greater stability and control, and of course they're not endogenously produced but rather purified from a [heavily modified] recombinant organism expressing the protein on a [human-designed] plasmid, so the connection to the naturally occurring proteins is tenuous.)

Source: http://rss.slashdot.org/~r/Slashdot/slashdotScience/~3/Do1q5ZgbnE8/story01.htm

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