Genetics
A Genetics guide, with links, news, and comments. Genetics is the science of genes, heredity, and the variation of organisms.
Who owns your genes?

A lawsuit has been filed by Genae Girard challenging the decision to allow a gene to be patented by a private company, in this care Myriad Genetics as well as challenging the U.S. Patent Office. She was joined by four other cancer patients, by professional organizations of pathologists with more than 100,000 members and by several individual pathologists and genetic researchers.
In 2006 Ms. Girard received a diagnosis of breast cancer and tested positive for the BRCA gene. She decided she wanted to have a second opinion from another test. Unfortunately because Myriad Genetics owns the patent to the gene another test is not possible. It seems that 10 years ago the U.S. Patent Office allowed a single company to own the patent rights for the genes that are most closely associated with breast and ovarian cancer risk and by definition also owns the rights for the tests that would measure that risk.
The company has argued that the patent "promotes innovation by rewarding the companies that invest in the research and development". At this time the company will not comment, citing pending litigation.
Other companies own patents to genes, such as the gene CFTR, which is associated with cystic fibrosis. That company however, has licensed the testing to other laboratories, allowing them use that Myriad has not done.
This patent was issues 10 years ago and the field of genetic testing has expanded significantly. That being said, BRCA testing costs around $3,000 dollars more than many people can afford to pay out of pocket.
Allowing a patent of a human gene is controversial to begin with. You can not generally patent nature or gravity. But the companies involved argued that they had isolated and purified the DNA, and created something that could be eligible for patent.
The ACLU has filed the lawsuit in the New York federal court.
If you feel strongly about this you can sign on as a supporter of the lawsuit. The letter reads as follows:
Knowledge about our own bodies and the ability to make decisions about our health care are some of our most personal and fundamental rights.
Genes are not inventions. They are products of nature and part of our common heritage.
The government should not be granting private entities control over something as personal and basic to the human body as our genes. Moreover, granting patents that limit scientific research, learning and the free flow of information violates the First Amendment.
We cannot afford to let gene patents stand in the way of scientific innovation and patient care. That’s why I support the ACLU and PUBPAT’s lawsuit challenging the patenting of human genes.
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