Supreme Court Considers Whether Human Genes Are Patentable

Summary of Article: Next Monday, the Supreme Court will hear oral arguments on whether a company may have exclusive rights to research specific human genes taken out of the body. 

Discussion with Kids: 

•  Our bodies are defined by our genetic code, genes/DNA unique to all of us. We get genes from each parent. These genes do our body's work. How many genes do you think we have in our bodies? Estimated 25,000.
• What are things that we currently use DNA samples for? (Solving crime cases, arresting suspects). What are types of DNA samples? (hair, saliva) What current event last week did we discuss that mentioned using genes? (Bringing back animals from extinction). 
• Now the Supreme Court is deciding if scientists are allowed to get a patent (permission) to have exclusive rights (the only ones allowed) to research specific genes taken from the human body. In this case, the genes are markers for two types of cancers, breast and ovarian cancers, which kill thousands of women each year. A company has been able to isolate the genes, take them out of the human body, and wants sole right to study them.
• The law says a patent may be given to protect any invention or discovery that involves new or useful "composition of matter." What are arguments for and against a patent here?
• Pro: The research can teach us how to treat these terrible cancers, saving women's lives.This company has already figured out how to take them out of the human body and study them and should be able to do so.
• Con: The genes are part of the human body. They don't belong to a company. This company shouldn't have the only right to study them. Also, a patent would violate the First Amendment because only this one company will control knowledge about the genes.
•  What the Supreme Court decides here will impact not only this case, but patents spanning science, medicine and other types of research. Why is this?