Corporate Target of Gene Patent Lawsuit Acquires Another Gene

Posted by Emily Beitiks January 26, 2012
Biopolitical Times
Following last year’s Federal Court of Appeals ruling, the ACLU and the Public Patent Foundation filed a petition to take their case against Myriad Genetics all the way to the Supreme Court. The plaintiffs are challenging Myriad’s patents on the BRCA1 and BRCA2 genes, which are associated with elevated risk of breast and ovarian cancers. In effect, they are challenging the right to call the human genome “intellectual property.”

In support of the plaintiffs, UCLA Professor Debra Greenfield recently filed an amicus brief on behalf of several women’s health and social justice organizations (including the Center for Genetics and Society) with the primary concern that:
[R]esearch and access to quality genetic testing is restricted by these patents, thereby harming the health of women and their families, particularly those most in need of the benefits of genetic technologies. (pdf)
Myriad currently charges $3,000 for testing for variants of the BRCA genes, asserting that their monopoly and the high price do not prevent women from accessing the test.

On the heels of the Supreme Court’s closing deadline for filing amicus briefs, Myriad Genetics put out a press release to announce an audacious move: It has acquired yet another patent for a gene tied to breast and ovarian cancer risk, this one known as RAD51C. Is this bold move a sign of the impending corporatization of all of our genes? Or may Myriad have over-reached? Greenfield suggests:
The idea that Myriad is expanding upon its acquisition of knowledge relating to breast/ovarian cancer is alarming. On the other hand, it helps the public become aware of the fact that not only does Myriad exclusively control the BRCA 1 and 2 genes, but also is patenting and gaining exclusive use of other genes related to breast and ovarian cancer.

I think this will actually help our case.
I wonder, how much will the RAD51C test cost?

Previously on Biopolitical Times: