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Are human genes patentable? It would seem a simple question. But it has been the subject of years of litigation, academic head-s

admin2013-09-16  35
问题     Are human genes patentable? It would seem a simple question. But it has been the subject of years of litigation, academic head-scratching and thunderous debates between some executives who say such patents propel innovation and others who say they curb it. All this culminated today with a decision from the United States Supreme Court. In a unanimous decision, its answer is "no".
    At issue are the patents held by Myriad Genetics, a company based in Utah, on two genes, BRCA1 and BRCA2. Mutations in these genes are linked to an inherited form of breast cancer. Myriad found the precise location of the genes on two chromosomes and sequenced them. The company’s patents have given Myriad the exclusive right to extract and isolate the two genes, administer tests for the mutations and create synthetic BRCA DNA.
    Critics, led by the American Civil Liberties Union(ACLU), have argued that the patents are unconstitutional. America’s courts have long held that "laws of nature, natural phenomena and abstract ideas are not patentable", but are the "basic tools of scientific and technological work". Myriad and its allies countered that, in an era propelled by genomics, patents are necessary to drive future discovery.
    The Supreme Court waded into this difficult debate in April, when it heard oral arguments from both sides. The justices searched for analogies to make the biological debate simpler, settling on two: a baseball bat and medicinal sap from an Amazonian leaf. The court ruled that Myriad’s patents are invalid. The ruling reads a bit like an elementary science lesson, explaining the structure of DNA. Its conclusion is similarly straightforward. The justices conceded that Myriad had "found an important and useful gene, but groundbreaking, innovative, or even brilliant discovery does not by itself satisfy" the patent law’s requirements for "new and useful. .. composition of matter". In sum, a "naturally occurring DNA segment is a product of nature and is not eligible for patenting merely because it has been isolated".
    The court limited its ruling. It held that synthetic DNA may be patented, as urged by the federal government in an amicus brief. Furthermore, it explained; "Had Myriad created an innovative method of manipulating genes while searching for the BRCA1 and BRCA2 genes, it could possibly have sought a method patent. " The court also said that the ruling does not limit patents on new applications of knowledge about BRCA1 and BRCA2, nor does it stop the "patentability of DNA in which the order of the naturally occurring nucleotides has been altered. "
    Myriad has yet to issue a statement. Lawyers at the ACLU were excited. "Today, the court struck down a major barrier to patient care and medical innovation," said the ACLUs Sandra Park. "Because of this ruling, patients will have greater access to genetic testing and scientists can engage in research on these genes without fear of being sued. "
Advocates of gene patents base their arguments mainly on the notion that______.
选项 A、gene analysis involves great innovation
B、genes are related to some serious diseases
C、patenting genes will prompt future discovery
D、genes were recognized as patentable by the Constitution
答案C
解析 第一段指出对于“基因是否能申请专利”一直存在争议：支持者认为基因专利可以促进创新。反对者则认为基因专利会抑制创新。第二、三段指出，就争论的焦点问题“BRCA基因专利是否有效”，支持者的观点为：基因专利是推动未来发现的保证。可见，基因专利支持者的主要观点为：基因专利能够刺激研究者的创新、推动未来发现，[C]选项正确。
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