The long-standing debate over patenting genes is back in the
limelight. The American Civil Liberties Union (ACLU) has filed a
case charging that patents on BRCA1 and BRCA2, genes associated
with breast and ovarian cancer, are unconstitutional and
invalid. Myriad Genetics currently holds the patents to these
genes and provides a diagnostic test that reportedly costs over
$3,000. The controversy began when researchers and companies
first started isolating genes. Patents have traditionally not
been granted for products or laws of nature. Companies
successfully argued, however, that the fact that they had
isolated and purified the DNA made the gene patentable. Besides
calling into question the legality of patenting genes, the
plaintiffs state that such a practice impedes everything from
basic research to final utility in the clinic. Myriad Genetics’
stance will likely be that the patent promotes innovation by
giving firms like them a temporary monopoly to make a return on
their R&D investment. William Warren part