Justice Thomas read the Supreme Court Decision on the Myriad Genetics Inc. case this morning. The unanimous decision stated that Myriad can not patent naturally occurring isolated genes extracted from the bloodstream .
"... Myriad did not create or alter any of the genetic information encoded in the BRCA1 and BRCA2 genes. The location and order of the nucleotides existed in nature before Myriad found them. Nor did Myriad create or alter the genetic structure of DNA. "
The opinion went on to say that Myriad probably did create something new when their researchers created synthetic genes, they call them c-DNA, and they might be patented. The methods to manipulate genes could also be patentable.
Myriad continues to have 20+ patents on the gene testing process. So I wonder if this ruling will open the door for other companies to make a less expensive / easier test for just BRCA1, 2.
From the Myriad Facebook page:" Under the Affordable Care Act, the BRACAnalysis test is considered preventative, and insurance is required to cover 100 percent of the cost for many women. We offer financial assistance to uninsured patients with the greatest need. "
Here are a few good articles on the topic.
http://www.scotusblog.com/2013/06/opinion-recap-no-patent-on-natural-gene-work/
http://www.npr.org/blogs/thetwo-way/2013/06/13/191283148/natural-dna-cannot-be-patented-supreme-court-ruleshttp://www.npr.org/blogs/thetwo-way/2013/06/13/191283148/natural-dna-cannot-be-patented-supreme-court-rules
http://www.bloomberg.com/news/2013-06-13/gene-patents-limited-by-high-court-in-mixed-ruling-for-myriad.html
Comments are welcome.
Dee
Every Day is a Blessing
1 comment:
Other groups are already preparing to offer the test! Next, we must fill the information gap left by restricted data access and free our data! Free the Data! is a grass-roots campaign that will create an open, searchable database of genetic information allowing for better diagnosis and care, while protecting patient privacy. Share your BRCA test results or join the campaign to support data access at www.free-the-data.org
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