The patenting of isolated DNA violates long-established Supreme Court precedent that prohibits the patenting of laws of nature, natural phenomena, products of nature, and abstract ideas. ... Patents on isolated DNA, whether small segments or whole genes, also violate the First Amendment because they block scientific inquiry into the patented DNA.

The appeals court's decision countered the position held by the Obama administration, which had submitted an amicus curie brief [text, PDF] in support of the ACLU and PUBPAT. The US Patent and Trademark Office [official website] has issued patents for genes for decades. Such patents cover nearly 2,000 human genes and genetic research companies hold patents to approximately 20 percent of the human genetic code. Supporters of the patents argue that restricting patents on human genes would decrease the amount of genetic research performed by the public sector because it would no longer be profitable for companies to study human genes. Opponents claim that these restrictions often prevent patients from receiving proper medical care and complicate the research process in a way that deters potential researchers.