The following is an excerpt.
The conventional shorthand for the Association for Molecular Pathology v. Myriad, Inc.case, argued before the Supreme Court on April 15, 2013, is that it is a dispute about the patentability of human genes. This shorthand is misleading. No one suggests that genes, as they appear in the human body, are subject to patent law—and the consequent restrictions, fees and exclusive licenses that patentees may choose to apply. A less misleading, though less beguiling, characterization of the dispute would cast it as considering selected human genetic tools.
Read the full post here: On Patenting Human Genes, the Evidence Favors Myriad