From the very beginning of genetic research and modification, it was obvious that it would only be a matter of time before a claim would be staked on the very programming of human life by governments or international corporations. Unfortunately, that day has finally come with the recent patent of two human genes by Myriad Genetics.

The two genes being targeted by Myriad are BRCA1 and BRCA2 and they have already been the subject of several court rulings and a lawsuit filed by the American Civil Liberties Union (ACLU). Some scientists are claiming that these genes provide a link to “hereditary” breast or ovarian cancer. Yet, considering the history of corporations and the advantages they would gain by “owning” the DNA of a species (particularly of the human variety), we can safely assume that there is another agenda afoot which is concerned with more than mere science and development.

With that in mind, the ACLU has filed a lawsuit directed against Myriad Genetics aimed at challenging their claim to the human genes. Interestingly enough, this lawsuit is also working its way through the U.S. Court of Appeals for a second time.

Originally, a District Court had ruled that Myriad’s patent on the human genes was invalid because it lays claim to a “product of nature,” which is not patentable under law. However, in a 2-1 decision, the court of appeals reversed that ruling, agreeing with Myriad that “isolating” the DNA by removing it from the cell did in fact create a patentable molecule. Thankfully, the Supreme Court vacated this ruling and has ordered the Court of Appeals to reconsider the case.

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