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In a closely watched case, a federal appeals court ruled on Friday that genes can be patented, overturning a lower court decision that had shocked the biotechnology industry.
The court ruled that DNA isolated from the body was eligible for patents because it was “markedly different” in its chemical structure from DNA that exists inside the chromosomes in the body. As a result, the isolated DNA is not simply a product of nature, which would not be eligible for a patent.
The case involved patents on two human genes that are used to predict breast cancer, BRCA1 and BRCA2. To study these genes, patients and scientists will again have to pay a fee — up to $3,000 — to the company that owns the patent, Myriad Genetics.
The 2-to-1 decision on the gene patenting issue was also a rejection of arguments made by the Obama administration, which had filed a friend of the court brief arguing that isolated DNA should not be patented. That brief went against the long-standing policy of the United States Patent and Trademark Office to grant such patents.
Originally posted by NISMOALTI
now if they are trying to slice and dice dna to make a super human military personnel and want to patent it so other country's cant copy it. i think that would be ok.