GE49CH08-Greely ARI 6 November 2015 13:19 ANNUAL REVIEWS Further Click here to view this article's online features: • Download figures as PPT slides • Navigate linked references • Download citations The History of Patenting • Explore related articles • Search keywords Genetic Material Jacob S. Sherkow1 and Henry T. Greely2 1Innovation Center for Law and Technology, New York Law School, New York, NY 10013 2Center for Law and the Biosciences, Stanford University, Stanford, CA 94305; email:
[email protected] Annu. Rev. Genet. 2015. 49:161–82 Keywords First published online as a Review in Advance on patents, genetics, Myriad, intellectual property, law, history, BRCA October 6, 2015 The Annual Review of Genetics is online at Abstract genet.annualreviews.org The US Supreme Court’s recent decision in Association for Molecular Pathol- This article’s doi: ogy v. Myriad Genetics, Inc. declared, for the first time, that isolated human 10.1146/annurev-genet-112414-054731 genes cannot be patented. Many have wondered how genes were ever the Copyright c 2015 by Annual Reviews. subjects of patents. The answer lies in a nuanced understanding of both legal All rights reserved and scientific history. Since the early twentieth century, “products of nature” Annu. Rev. Genet. 2015.49:161-182. Downloaded from www.annualreviews.org were not eligible to be patented unless they were “isolated and purified” from their surrounding environment. As molecular biology advanced, and the ca- pability to isolate genes both physically and by sequence came to fruition, researchers (and patent offices) began to apply patent-law logic to genes themselves. These patents, along with other biological patents, generated substantial social and political criticism.