Opinion: On the Gene Patent Debate

Two key patent cases that no doubt will impact the future of personalized medicine are pending review by the US Supreme Court. What will the Court decide?

Written byCourtenay C. Brinckerhoff
| 3 min read

Register for free to listen to this article
Listen with Speechify
0:00
3:00
Share

FLICKR, BRIAN TURNER

The debate over the patenting of technologies related to diagnostic and personalized medicine continues to swell with no resolution in sight. The Supreme Court heard oral arguments in Mayo Collaborative Services v. Prometheus Laboratories, Inc. last December, but has not yet issued a decision. Just last month, the US Patent and Trademark Office held public hearings to gather information for the “study on genetic testing” that it will use to prepare a report for Congress on this issue. And, the Supreme Court is deciding whether to review the Federal Circuit decision in Association for Molecular Pathology v. Myriad Genetics, Inc. (the BRCAI/gene patenting case), although current speculation is that the Court may defer any action on this case until it issues its decision in Prometheus. ...

Interested in reading more?

Become a Member of

The Scientist Logo
Receive full access to more than 35 years of archives, as well as TS Digest, digital editions of The Scientist, feature stories, and much more!
Already a member? Login Here

Related Topics

Meet the Author

Share
Image of a woman with her hands across her stomach. She has a look of discomfort on her face. There is a blown up image of her stomach next to her and it has colorful butterflies and gut bacteria all swarming within the gut.
November 2025, Issue 1

Why Do We Feel Butterflies in the Stomach?

These fluttering sensations are the brain’s reaction to certain emotions, which can be amplified or soothed by the gut’s own “bugs".

View this Issue
Olga Anczukow and Ryan Englander discuss how transcriptome splicing affects immune system function in lung cancer.

Long-Read RNA Sequencing Reveals a Regulatory Role for Splicing in Immunotherapy Responses

Pacific Biosciences logo
Research Roundtable: The Evolving World of Spatial Biology

Research Roundtable: The Evolving World of Spatial Biology

Conceptual cartoon image of gene editing technology

Exploring the State of the Art in Gene Editing Techniques

Bio-Rad
Conceptual image of a doctor holding a brain puzzle, representing Alzheimer's disease diagnosis.

Simplifying Early Alzheimer’s Disease Diagnosis with Blood Testing

fujirebio logo

Products

Eppendorf Logo

Research on rewiring neural circuit in fruit flies wins 2025 Eppendorf & Science Prize

Evident Logo

EVIDENT's New FLUOVIEW FV5000 Redefines the Boundaries of Confocal and Multiphoton Imaging

Evident Logo

EVIDENT Launches Sixth Annual Image of the Year Contest

10x Genomics Logo

10x Genomics Launches the Next Generation of Chromium Flex to Empower Scientists to Massively Scale Single Cell Research