Q:genuine question, why are genes patented if they are found within our bodies?
A little summary can be found in The Great Gene-Patent Debate over at Nature.
n the United States, ‘laws of nature’ are not able to be patented, along with abstract ideas. The argument against Myriad’s patents centres on whether isolated DNA is the same as native DNA, which is defined as a law of nature. If the court decides that the patents are invalid, that ruling would reverse more than 20 years of precedent, during which companies and academic researchers have patented thousands of genes. Some of these genes form the basis of diagnostic tests that determine when someone might respond well to a given therapy, or whether they’re at risk of a disease or a drug side effect, for example.
For in-depth coverage of Myriad (as discussed at the link), Genomics Law Report offers superb coverage.
Sorry I had an exam this morning so naturally I have a major headache, I hope this helps you understand a bit. I can also link you to a 32 page about what’s happening with Myriad which really gets into the details of the current relationship between genes and patent law.
Edit: Here’s the link.