Human DNA Patent Law News Update: Supreme Court Says Human DNA Can’t Be Patented

medicare benefits and gene therapy treatmentsThe Supreme Court rules that companies cannot attain patents on naturally occurring strands of human DNA. Companies can, however, patent synthetic ally created strands composed of cDNA, or composite DNA.

As gene therapy progresses and expands in scope, emerging medical technology has burgeoned to a $1B industry.  As private genetic labs race to find new ways to harness the building blocks of our DNA to create new diagnostics tests, cures, and treatments to illnesses, major legal and philosophical implications have developed.

Even if a company uses groundbreaking technology and techniques to discover new strands of DNA, like the BRCA1 and BRCA2 that are indicates for risk of breast and ovarian cancer, they cannot hold a patent on the DNA strands themselves. The decision rules against Myriad, a genetics company that has been selling a very expensive test to determine if women have these two strands.

Implications on Medicare Plan Subscribers

In a previous article we wrote on preventative care, it may be possible in the coming months and years that new genetic tests to predict if you have risk factors for certain cancers and diseases may be covered by Medicare coverage.

It is also conceivable that future treatments that use gene-therapy will become “reasonable” best practices for application on conditions affecting Medicare patients. We will keep you posted on the emerging trends in genetics-based medical technology and treatments, and how they relate to Medicare patients and coverage.

Source: http://www.modernhealthcare.com/article/20130613/NEWS/306139946

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