The topic of gene patents is as controversial as it is misunderstood, and the law surrounding these patents was not made any clearer following the United States District Court for the Southern District of New York’s decision in the Myriad patent case. The concept that someone might patent, and therefore own, the rights to the genes in your body has created controversy since the earliest patents on genes were issued in the early 1980s. Thirty years later, the concept remains controversial, as the courts and legislatures struggle to resolve the central issues. Can someone really own the genes in your body? And what exactly does that mean? The answers to these common questions lie at the intersection of law, science, business, and politics. To understand the state of the law, I will begin with a discussion of the science surrounding gene patents, including the ethical, business, and policy concerns. I will then examine the history of patent law as it relates to these patents, followed by a close examination of the Myriad court decision and Myriad’s appeal. I will conclude with a discussion of possible outcomes for the case and the future of gene patents. . .
