Narratives of Gene Patenting

Jorge L. Contreras
2014 Social Science Research Network  
The debate over gene patenting in the United States has been ongoing for nearly three decades. It peaked in June 2013, with the Supreme Court's controversial decision in Assn. for Molecular Pathology v. Myriad Genetics. The Myriad case was remarkable for many reasons, not least because it fostered the emergence of six distinct narratives of the "facts" in dispute. I have termed these narratives Science, Pioneer, Administrative, Access, Dystopian and Anti-Commons. In this article, I trace the
more » ... gins of each of the narrative types in Myriad from press accounts, published literature and the record in the case, including nearly one hundred separate amicus briefs filed at all stages of the litigation. Both the long time frame of the Myriad dispute, each representing the worldview of a particular stakeholder group, coupled with the large number of actors that it engaged, suggest that these six narratives represent the full complement of distinct narratives concerning the case. If the perspective is expanded beyond Myriad itself, these six narrative types may also be viewed a taxonomy of narratives within the broader realm of disputes involving new technology, scientific discovery and innovation.
doi:10.2139/ssrn.2485681 fatcat:xykr642enjgjrncspnagmwd35y