Patenting Human Genes?

Are human genes patentable?  That is the big question that the United States Supreme Court is faced with answering.  According to Science Daily, oral arguments are beginning today on just that exact subject.  The court case is known as Association for Molecular Pathology v. Myriad. 

Back in the early '90s, Myriad Genetics made important scientific discoveries regarding two genes.  These discoveries were related to mutations found in genes BRCA 1 and BRCA 2.  These genes act as biomarkers for an increased risk of breast cancer and ovarian cancer.  Because the DNA molecules that embodied these sequences were "isolated," Myraid sought and obtained a patent over them.  Now, the validity of that patent being issued in the first place is in question.

The "Products of Nature" doctrine prevents the patenting of newly made products that do not display a "marked difference" from naturally occurring products.  The argument being issued is that because these DNA sequences were isolated, they are able to be patented and the current patents are in fact, valid.  However, it has been demonstrated many times throughout history that life cannot be patented or owned by any single individual or corporation and what are genes if not the basis of life?

Because the Supreme Court has not to date clearly offered a framework for identifying products of nature, it is difficult to predict the ruling in this case.  However, one can only imagine what the consequences could be if people become able to patent human genes.  The entire field of genetics could be decimated with the slam of a gavel.