By now, I am sure that you have read about the Supreme Court's recent ruling that DNA is not patentable. As a teacher of intellectual property, one of the first things I teach with regard to patents is that matter occurring naturally are not patentable. Yet, the United States Patent and Trademark Office issued a patent to Myriad Genetics, Inc. for certain genes. Are you scratching your head trying to figure that out? Well, apparently, so was the Supreme Court and that is why that there is a huge need to revamp the patent application process.
What I find most amazing about this case is that it actually had to reach the U.S. Supreme Court for a decision. How can it be that an examining attorney can issue a patent for something that occurs naturally? This is simply a prime example of how the system fails and why an overhaul is necessary. Intellectual property is big business and costs hundreds of thousands, if not millions of dollars in research and development--not to mention litigation.
Again, the purpose of intellectual property laws is to encourage creativity, not stifle it. Allowing a company to have exclusive rights to a gene necessary for researching potential cures for cancer, or any other types of diseases (ailments) stifles inventiveness. Let's hope that this ruling spurs some sort of re-tooling of the patent system.
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