Tests for Cancer Genes - patents ruled invalid
Tests for Cancer Genes - patents ruled invalid
This article waslast modified
on 10 July 2017.
Most cases of breast and ovarian cancer do not run in families. However, two genes known as BRCA1 and BRCA2 can be passed on from parent to child and increase their risk of cancers. In 1998 Myriad Genetics was granted US patents that gave them a monopoly over lab tests for the BRCA genes. Research from Duke University in the US published in Genomics on 3 March 2010 showed that the pieces of DNA included in the patents were so broad as to extend to parts of most human genes. The American Civil Liberties Union challenged the patents in a US District Court, and on 30 March the patents were ruled invalid because Myriad had simply removed DNA that exists naturally in the body. Dr Jim Evans of the University of North Carolina at Chapel Hill, who chaired a federal task force about the role of gene patents in lab tests, said the decision was monumental and would ultimately have a big impact once it has worked its way through appeals. Many medical and scientific groups have stated that patents should not interfere with medical investigations and treatment or limit the dissemination of medical knowledge. We await challenges to this important legal decision.