Various social media posts are circulating an image online which states that The US Supreme Court ruled that vaccinated people around the world are now “products”, or patented goods, and are no longer human under US law. The users cited the 2013 Supreme Court ruling ‘Association for Molecular Pathology et al. v Myriad Genetics, inc., et al.’ as proof of the claim. We fact checked and found this claim to be False.
Various social media posts claim ‘The US Supreme Court ruled that vaccinated people around the world are now “products”, or patented goods, and are no longer human under US law. By vaccinating with modified DNA or RNA, a person ceases to be a human and becomes the property of the patentee of the mRNA vaccine. Their genome is no longer human, but “trans-human”, a category that does not exist in human rights. The characteristics of the natural man and all rights that result from them are lost. This applies to the whole country.” The posts can be found here, here, here and here and a screenshot is attached below.
Did the ruling ‘Association for Molecular Pathology et al. v Myriad Genetics, inc., et al.’ include human genes ?
No. The Supreme Court ruling prohibited patents on naturally occurring human genes but allowed legal protections on synthetically produced genetic material. The Supreme Court ruled that synthetically created complementary DNA (cDNA) is patentable, while isolated natural DNA is not.
Can there be any patents on humans?
No. The U.S. Patent Act “expressly prohibits patenting human organisms,”. Section 33(a) of the 2011 Leahy-Smith America Invents Act states: “Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism”
The Myriad case concerns cells in a laboratory setting and it has nothing to do with human beings and patenting human beings is not even allowed. Hence, the claim is false.
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