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False viral video alleging vaccinated people are products recirculated on WhatsApp

Claim: The United States Supreme Court has ruled that vaccinated people with genetically modified mRNAs worldwide are products. 

Verdict: FALSE. The 2013 US Supreme Court ruling noted that synthetically created complementary DNA (cDNA) is patentable while isolated natural DNA is not. The ruling was not related to vaccinated people with mRNAs. 

Full Text 

According to the World Health Organization (WHO), vaccination is a simple, safe, and effective way of protecting people against harmful diseases before contracting them. Vaccines use the body’s natural defences to resist specific infections, strengthening your immune system. 

Over time, vaccines have evolved from variolation (the exposure of healthy people to smallpox) in the 15th century to Deoxyribonucleic acid (DNA) and Ribonucleic acid (RNA) vaccines today. 

DNA and RNA vaccines use genetic material to deliver information to human cells and provoke an immune response. Recently, a video of a woman making several claims about vaccinated persons and their rights went viral on WhatsApp. 

She said that since 2013, all people vaccinated with genetically modified mRNAs are legally transhuman and legally identified as transhuman. This means they no longer enjoy any human or other rights of a state. 

“In the United States, the Supreme Court has ruled that vaccinated people worldwide are products. They are now patented goods according to US law, which can be verified by people who have been vaccinated. They no longer qualify as humans, so they can no longer be categorised as human beings. Essentially, this means that those vaccinated are no longer subject to national or international law.”

With the continuous campaign for vaccination against different diseases, this assertion poses a significant danger to public health as this could make or mar people’s decision on vaccination. This prompted us to verify the assertion.

Verification 

An advanced Google search using keywords led to a publication by Europe Renaissance in 2021 titled “Vaccinated Humans are Legally Patented State-Owned Properties No Longer Subject to Human Rights,” This publication had the same quotes from the woman in the video. 

A keyword search also led to fact-checks by Reuters, USA Today, and AP News, debunking this assertion as a misunderstanding of a 2013 ruling about specific genes that increase the risk of breast and ovarian cancer.

Public Health Communications Collaborative debunked this assertion by referencing the above-listed fact checks.

What is the 2013 ruling about?

The U.S. Supreme Court in 2013 ruled on a challenge to a patent held on genetic tests for certain genes that increase the risk of breast and ovarian cancer. 

This patent had given a company a monopoly on a genetic test that involved isolating natural DNA strands and creating synthetic complementary DNA (cDNA) that mirrored the original isolated strands with slight alterations.

The ruling on the case Association for Molecular Pathology et .V. Myriad Genetics Inc et al. can be found here

The Court ruled that synthetically created complementary DNA (cDNA) is patentable, while isolated natural DNA is not.

A news article by CBC News, which noted experts believe the ruling could improve patient care, quoted Clarence Thomas as the writer of the court’s unanimous decision.

“We hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated.”

What is a patent?

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something or offers a new technical solution to a problem.

A patent is also a right granted to an inventor by the federal government that permits the inventor exclusive rights.

The US State Patent and Trademark Office (USPTO has a breakdown guiding inventors on the different types of patents available and how to apply for any of them. 

Conclusion

The claim that the 2013 US Supreme Court ruling named vaccinated people products is false. The court ruled that synthetically created complementary DNA (cDNA) is patentable, while isolated natural DNA is not.

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