The question of who may patent genes was decided by the U.S. Supreme Court in June 2013. What was the decision?

A. The individual may patent both their own and manipulating genes.
B. Only the federal government may patent genes.
C. Only corporations may patent genes.
D. A gene is a naturally occurring substance and may not be patented.
E. Physicians may patent genes.

D. A gene is a naturally occurring substance and may not be patented.

In Association for Molecular Pathology v. Myriad Genetics, Inc., it was determined by the U.S. Supreme Court that naturally occurring genes like the BRCA1 gene, could not be patented. The Court said "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. But the processes used by Myriad to isolate DNA were well understood and widely used by geneticists at the time of Myriad's patents."

Health Professions

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