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Court struggles with question of human gene patentability
WASHINGTON – Drawing a legal line to determine when human genetic material ceases to be a creation of nature and instead becomes a patentable product is not easy — even for the U.S. Supreme Court. During oral arguments in Association of Molecular Pathology v. Myriad Genetics, Inc., the justices struggled with the question of whether the patents on two isolated human genes that indicate an increased risk for breast and ovarian cancer are valid.