Abstract
Supreme Court did not recognize the eligibility of patenting Myriad Genetics discoveries due to the natural existence of the phenomenon. Nonetheless, I do not agree with this perspective, as the topic is novel, socially beneficial with the recognition of similar discoveries in the past. In turn, legal regulation regarding this aspect is rather controversial, as it leads to confusion. Consequently, it has to be modified to encourage similar innovations in the future.
In 2013, Myriad Genetics filed a report demanding the creation of patents for the new generated-genes (Supreme Courte of the United States, 2013). Nonetheless, Supreme Court declined the fact that the claim, which discovered a location of genes, can be patented due to the natural occurrence in nature while cDNA is considered eligible due to the synthesized essence of the matter (Supreme Courte of the United States, 2013). I only partly agree with the point, as I tend to believe that any discovery, which can be used as a social benefit should be viewed as an exclusive aspect and granted a patent.
The novelty of the Topic
Firstly, the patent rights of both features have to be recognized due to the essentiality and novelty of the topic in the modern world. In this case, Patent Act depicts that “whoever invents or discovers any new and useful composition of matter” is eligible for having the rights of innovation and the ownership of the intellectual property (Supreme Courte of the United States, 2013; Genetics home reference, 2016). In this instance, the introduction of genes has an advantageous influence on the treatment and prevention of cancer. Consequently, its role cannot be underestimated, as it has a positive impact on the healthcare segment in the world.
Awards for the Similar Discoveries
Additionally, the injustice of the court’s decision is present, as patents were granted for similar discoveries in the past (Supreme Courte of the United States, 2013). In turn, it remains apparent that the patents in the sphere could have been awarded at different levels including organizational and individual ones (Genetics home reference, 2016). In this instance, it could be said that the decision of the court does not comply with providing equal opportunities and intellectual protection of the property. Consequently, the presence of this issue might be discovered as a core problem for the cultivation and encouragement of the essential medical and chemical discoveries in the future, as the protection of the rights of ownership are not guaranteed.
Controversies of Law
Nonetheless, the discovery of the location of genes is not viewed as eligible for the patent since the genes were not modified in the laboratory environment (Supreme Courte of the United States, 2013; Someren, 2007). However, the Patent Act states that anything new can be considered as a patent awarding aspect (Supreme Courte of the United States, 2013). In this instance, the presence of this matter determined the controversies while altering the opinion of the judges to comply with the law principles. It could be said that the controversies have to be diminished to avoid future confusion, and grant a patent to the socially valuable project such as the ones introduced by Myriad Genetics.
Conclusion
In the end, both discoveries of Myriad Genetics have to be recognized, as they contribute to the beneficial development of science and improvement of the well-being of the society. In turn, the rationale for my opinion is explained by the positive intention of the topic, novelty, similar patents in the past, and the controversial nature of legal decision-making. The continuation of the analogous legal practices will have an adverse influence on the scientific sphere, as the lack of the guarantee of the discovery’s protection may cause the absence of improvement in the scientific segment.
References
Genetics home reference: Can genes be patented? (2016).
Somesen, H. (2007). The regulatory challenge of biotechnology: Human genetics, food, and patents. Cheltenham, UK: Edward Elgar.
Supreme Court of the United States. (2013). Association for molecular pathology et al vs Myriad Genetics, Inc., et al. Web.