Mutations in two genes known as BRCA1 and BRCA2 can dramatically increase the risk of breast and ovarian cancer. Myriad Genetics, Inc. (Myriad) obtained a number of patents on these genes. One patent gave Myriad the exclusive right to isolate an individual’s naturally occurring BRCA1 and BRCA2 genes. Another patent granted Myriad the exclusive right to synthetically create variants of BRCA1 and BRCA2 in the laboratory (cDNA).

A group of researchers filed a lawsuit seeking a declaration that Myriad’s patents were invalid. The district court struck down the patents on the grounds that they covered products of nature. The appeals court reversed, holding that both DNA and cDNA were patentable. The Supreme Court granted certiorari.

Questions:

1. Is naturally occurring DNA patentable? Is manmade cDNA patentable?

2. According to the Court, what is the purpose of patents?

3. Why is DNA not patentable, but cDNA is patentable?