University of Toledo Professor of Law Llew Gibbons said today that the Supreme Court adhered to “first principles of patent law” when it decided unanimously that human genes could not be patented. Scientists and researchers had challenged a patent by a Utah biotech firm saying it interfered with their ability to conduct research on behalf of patients.

“This is a well written, clear opinion that is in line with the first principles of patent law. The Court has balanced with nuance the need to promote innovation through patent law and protect the public’s interest,” Gibbons said.

“However, as the Court noted, this opinion will be disruptive to the settled expectations of the biotech industry — especially investors — and the court hinted that Congress may need to act.”

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