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SUPREME COURT: Big Biotech Can't Patent Your DNA
BI ^ | June 13, 2013

Posted on 06/13/2013 7:43:51 AM PDT by Perdogg

The Supreme Court ruled Thursday that our natural DNA can't be patented, in what the influential SCOTUSBlog called "a significant patent ruling for the biotechnology industry."

The high court did stike some middle ground by ruling that synthetic DNA can be patented.

"A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA [synthetic DNA] is patent eligible because it is not naturally occurring," according to the court ruling written by Justice Clarence Thomas.

(Excerpt) Read more at businessinsider.com ...


TOPICS: Business/Economy; News/Current Events
KEYWORDS: medicaltests; monsanto; nomonopoly; obamacare; research; scotus

1 posted on 06/13/2013 7:43:51 AM PDT by Perdogg
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To: Perdogg

Great! Now I just have to rely on twelve Low Info Voters on a jury to decide whether my purloined DNA is mine or Memorex.


2 posted on 06/13/2013 7:45:27 AM PDT by Buckeye McFrog
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To: Perdogg

Interesting ruling. Think their logic is flawed, though. If DNA cannot be patented because it is nature, then cDNA should not be either. cDNA is just the DNA version of the mRNA which is also nature.


3 posted on 06/13/2013 7:46:40 AM PDT by Rokurota
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To: Buckeye McFrog

Pretty much 9-0 on everything today.


4 posted on 06/13/2013 7:48:12 AM PDT by Perdogg (Sen Ted Cruz, Sen Mike Lee, and Sen Rand Paul are my adoptive Senators)
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To: Perdogg

Patenting DNA is a stupid idea. DNA was not created by a human. Processes can be patented. Inventions can be patented.


5 posted on 06/13/2013 7:57:18 AM PDT by I want the USA back (If I Pi$$ed off just one liberal today my mission has been accomplished.)
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To: Buckeye McFrog

They can’t patent it. But neither can you. So if you discover they’re using it you’re SOL.


6 posted on 06/13/2013 7:59:14 AM PDT by Black Agnes
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To: Perdogg

Great, so we can keep our genes but all our data belongs to the NSA! Wait until someone makes the argument that DNA is merely a storage medium - containing genetic instruction which will need to be probed for national security purposes.


7 posted on 06/13/2013 8:05:43 AM PDT by RobertClark (My shrink just killed himself - he blamed me in his note!)
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To: Perdogg

soylent green is people - you can’t patent it


8 posted on 06/13/2013 8:08:07 AM PDT by Revelation 911 (hump scratching n'er do well.....all strung out on chicken wings and venison jerky)
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To: Rokurota

They can’t patent it, but the Supremes also just ruled last week, including Thomas surprisingly, that the law can swab your DNA and store it right along with your NSA files.


9 posted on 06/13/2013 8:12:27 AM PDT by A'elian' nation
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To: Perdogg
Hey look, a rock! I patent rocks so no one else can use them.

I can think of few things more "prior art" than natural DNA. If you have a special process which you can do with that DNA then patent it, but you can't patent the DNA itself.

10 posted on 06/13/2013 8:14:40 AM PDT by KarlInOhio (This message has been recorded but not approved by Obama's StasiNet. Read it at your peril.)
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To: Rokurota
Without reading the decision it looks like they allowed a patent for a process ~ after all, cDNA needs a process. A second process would be x'DNA; another y''DNA, etc.

That's not exactly new law ~ rather like the dispute over the patent on automobiles by George B. Selden. Henry Ford beat him like wet rug.

11 posted on 06/13/2013 8:16:30 AM PDT by muawiyah (Git yer Red STATE Arm Bands here - $29.95 - NOT SOLD IN STORES - TAX FREE)
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To: muawiyah
... it looks like they allowed a patent for a process

According to the decision, they did not since Myriad did not submit for that. From the ruling:

First, there are no method claims before this Court. Had Myriad created an innovative method of manipulating genes while searching for the BRCA1 and BRCA2 genes, it could possibly have sought a method pat- ent. But the processes used by Myriad to isolate DNAwere well understood by geneticists at the time of Myriad’s patents “were well understood, widely used, and fairlyuniform insofar as any scientist engaged in the search fora gene would likely have utilized a similar approach,” 702 F. Supp. 2d, at 202–203, and are not at issue in this case.

12 posted on 06/13/2013 8:24:11 AM PDT by Rokurota
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To: Rokurota

Still, he could have gotten a patent for a process ~ but the USSC isn’t about to give somebody else on the very same genes they got in their bodies ~


13 posted on 06/13/2013 8:39:13 AM PDT by muawiyah (Git yer Red STATE Arm Bands here - $29.95 - NOT SOLD IN STORES - TAX FREE)
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To: Revelation 911

The down side of the ruling is that Pharms will now be pumping us full of unnatural DNA to cure diseases rather that natural DNA. Who knows what the long term consequences will be.


14 posted on 06/13/2013 8:43:44 AM PDT by aimhigh (Guns do not kill people. Abortion kills people.)
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To: muawiyah
Agreed that they could get a patent for a process if they had one in this case. My qualm is with the notion, if I read it correctly, that cDNA by itself is patentable. The methods for producing cDNA are pretty standard and Myriad did not use a new method to create it.
15 posted on 06/13/2013 8:44:20 AM PDT by Rokurota
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To: KarlInOhio

Hey look, a rock! I patent rocks so no one else can use them.


Arrange the rocks into an particular shape (or carve on into a shape), and you can possibly copyright the design, trademark it (if the design is used to identify the source of commercial goods or services), or patent it if it provides some new, useful, and non-obvious function.

DNA is data. When the data has certain characteristics, it can be protected as intellectual property. Same for the data stream that makes a music recording or photograph, or a computer program.


16 posted on 06/13/2013 8:51:25 AM PDT by Atlas Sneezed (Universal Background Check -> Registration -> Confiscation -> Oppression -> Extermination)
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To: muawiyah

Without reading the decision it looks like they allowed a patent for a process


And the product produced by that process (say, a medicine) can then be protected.


17 posted on 06/13/2013 8:52:24 AM PDT by Atlas Sneezed (Universal Background Check -> Registration -> Confiscation -> Oppression -> Extermination)
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To: Atlas Sneezed
DNA is data. When the data has certain characteristics, it can be protected as intellectual property. Same for the data stream that makes a music recording or photograph, or a computer program.

Sure, if you rearrange it to produce something new and useful. But if it just sitting out there in the wild you can't claim it as your own. Some of those trying to patent DNA sequences are like my pet cat who picked up a bird that had knocked itself out on a window and carried it around like she was a mighty hunter.

18 posted on 06/13/2013 9:10:11 AM PDT by KarlInOhio (This message has been recorded but not approved by Obama's StasiNet. Read it at your peril.)
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To: Revelation 911
"soylent green is people - you can’t patent it". Maybe not, but they can feed it to the FEMA camp residents.
19 posted on 06/13/2013 9:13:59 AM PDT by VRWCarea51
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To: A'elian' nation

Wow. The court just had DNA all over the place this session.

And Bill Clinton wasn’t even on the docket.


20 posted on 06/13/2013 9:21:32 AM PDT by Buckeye McFrog
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To: Perdogg

But its still OK to forcibly collect your DNA. The SCOTUS is now as bogus as the Congress. I don’t even bother to read their decisions anymore. They are as out of control as the rest of govt.


21 posted on 06/13/2013 9:24:20 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: RobertClark

No, the police are allowed to keep your DNA, they can add that to their NSA and Obamacare information.


22 posted on 06/13/2013 9:31:14 AM PDT by Irenic (The pencil sharpener and Elmer's glue is put away-- we've lost the red wheel barrow)
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To: Perdogg
There is a major breast and ovarian cancer connection
23 posted on 06/13/2013 9:55:01 AM PDT by fella ("As it was before Noah, so shall it be again,")
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To: Perdogg

If they’re having to decide this, then you can guarantee someone is already doing this and has for a while. Or maybe it’s only private companies can’t do this but the hussein admin can.


24 posted on 06/13/2013 9:59:56 AM PDT by bgill (This reply was mined before it was posted.)
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To: KarlInOhio

Sure, if you rearrange it to produce something new and useful.


That was my point. “Hey, look, I found a rock!” is not patentable under this opinion.


25 posted on 06/13/2013 11:08:10 AM PDT by Atlas Sneezed (Universal Background Check -> Registration -> Confiscation -> Oppression -> Extermination)
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