(Reaffirmed April 2019; revised 2025)

The National Society of Genetic Counselors (NSGC) continues to support the U.S. Supreme Court's unanimous 2013 ruling Association for Molecular Pathology v Myriad Genetics, Inc. which states that while synthetic complementary DNA is patent eligible, naturally occurring human DNA sequences may not be patented. 

NSGC believes this ruling is in the best interest of the public.  Open access to naturally occurring DNA keeps testing costs low, increases test availability and quality, and fosters a competitive market, while also supporting broader scientific progress and innovation

Allowing human DNA patenting would create unnecessary barriers that delay patient care and stunt scientific discovery. Ultimately, this undermines equal access to genetic testing

As such, NSGC opposes legislation and policies that would allow patenting of naturally occurring human DNA.

Do you have positive or constructive feedback regarding this statement? Please submit a comment to be considered during by the NSGC Position Statement Workgroup (PSW) when the statement is up for review. Comments can be submitted anonymously. Log-in is required as this feedback option is available only to NSGC members. Please note that submitting feedback is unlikely to lead to a direct response from the PSW. Comments will be considered when the position statement is reviewed.