April 1st, 2010

Breast Cancer Gene DNA Patent Struck Down in Lawsuit Between ACLU, Myriad Genetics.  Myriad Genetics, a biotechnology company that holds patents on BRCA1 and BRCA2 genes, is fighting tooth and nail to keep those patents.  The patents allow the company exclusive rights to these “cancer causing” genes which includes the right to mutate and experiment for a cure.  Having these exclusive rights helps Myriad attract many capital investors as everyone searches for a cure.

 While Myriad claims the rights to the genes, others say that limiting the patent rights to any one company will stifle research and competition in the race for a cure.  As to patients, Myriad also owns the right to test, diagnostically, for the presence of the genes.  In effect, Myriad controls who can test for the mutation.  This could certainly slow down diagnosis and treatment of the disease.

The genetic testing for these genes is expensive: $3,000 to be relatively close.  Proponents for the pricing claim the tests take an extensive amount of effort, and the presence of the genes could be an early indicator of breast cancer susceptibility.  So, it is worth the cost…but, wouldn’t the cost go down if there were more providers?  Myriad says because they do all the testing and compile all the results, some patients are allowed free testing and research is progressed with each case of testing and tracking.

If the decision by the federal judge that the patents were wrongfully issued is upheld by the courts, Myriad Genetics could lose much more than the patents and future rights; it would also lose the large amounts of capital coming in to support exclusive research.

Source:
US News

Photo Credit: Wikimedia Commons