Lawsuit Filed Over Gene Patent

Main Category: Litigation / Medical Malpractice
Also Included In: Women's Health / Gynecology;  Cancer / Oncology;  Genetics
Article Date: 15 May 2009 - 3:00 PDT

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A group of cancer patients, genetic researchers and professional pathologist organizations has filed a lawsuit against Myriad Genetics and the U.S. Patent Office over the patent of two genes associated with an increased risk of breast and ovarian cancers, the New York Times reports. According to the Times, the government more than 10 years ago granted Myriad the patent on the BRCA1 and BRCA2 genes, as well as the company's genetic test that measures a patient's risk for the cancers.

The lawsuit was filed by the American Civil Liberties Union and is believed to be the first of its kind, the Times reports. The lawsuit challenges the decision to grant patents on genes to Myriad and companies like it. The plaintiffs say that patents on genes restrict medical and research efforts, while companies like Myriad have said that the patent system supports innovation by giving them a temporary monopoly after they make a discovery, thereby rewarding prior investment in research and development.

Wendy Chung, the director of clinical genetics at Columbia University and a plaintiff in the case, said, "With a sole provider, there's mediocrity." The plaintiffs say that BRCA testing would improve with market competition. Furthermore, some plaintiffs argue that certain natural materials cannot be patented. Jan Nowak, president of the Association for Molecular Pathology and a plaintiff in the case, said, "You can't patent my DNA, any more than you can patent my right arm, or patent my blood."

To date, two government panels, including the National Research Council, found no evidence that gene patents result in significant impediments to research or medical care (Schwartz, New York Times, 5/13).

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