Question

Patent protection for BRCA genes. On the Internet, read one or more articles about how the Supreme Court of the United States (SCOTUS) ruled in the case of Association for Molecular Pathology versus Myriad Genetics. In your answer, give must credit your source(s). Your answer must address the following:

(a) Why did the plaintiffs object to Myriad’s patent on the breast cancer-related genes (BRCA1 and BRCA2)?

(b) How did SCOTUS rule [Note: the rulings of lower courts are NOT of interest for our purposes. Please concentrate on SCOTUS's ruling].

(c) What is your view on the issue of whether we should allow human genes to be patented?

Answer 1

Answer:

Case: SCOTUS ruled in the case of Association for Molecular Pathology verses Myriad Genetics

a) Why did the plaintiffs object to Myriad's patent on the breast cancer-related genes (BRCA1 and BRCA2)?

• This case (No. 12-398) dealt with the issue related to the eligibility of gene patents in the United States
• Plaintiffs objected to Myriad's patent on the breast cancer-related genes since some of the claims in the patent (for example isolated gene sequences) were not patentable subject matter.

b) How did SCOTUS rule

• The Supreme Court of the United States invalidated Myriad's case related to patentability of isolated genes since Isolated genes are unpatentable products of nature

c) What is your view on the issue of whether we should allow human genes to be patented?

• Patents if grated to gene sequences would prevent other researchers to carry out research activities in these areas and this could hamper the scientific progress.
• This would reduce competition (by giving exclusive rights to the patentee), diagnostic costs may increase due to exclusivity and moreover it would make it impossible for patients to take a second opinion.
• On the other hand, if such patents are not granted, it would make diagnosis of disease involving sequencing techniques and isolated gene segments more accessible and less costly for people and promote genetic research.

Source and reference:

• https://onlinelaw.wustl.edu/blog/case-study-association-for-molecular-pathology-v-myriad-genetics-inc/
• Patenting Genes: What Does Association for Molecular Pathology v. Myriad Genetics Mean for Genetic Testing and Research?Lara Cartwright-Smith, JD, MPH, Public Health Rep. 2014 May-Jun; 129(3): 289–292.