The Supreme Court has agreed to consider a case that determines whether human genes may be patented. Retuers calls the matter “a hotly contested issue with broad practical and ethical consequences for the future of gene-based medicine for millions of people worldwide.”
The case involves Myriad Genetics Inc. of Salt Lake City, which aims to patent two genes—BRCA1 and BRCA2—which are tied to hereditary breast and ovarian cancer.
Myriad used those genes to develop its BRACAnalysis test, which looks for mutations. If found, they indicate a much higher risk of breast and ovarian cancer.
According to a statement from Myriad Genetics’ CEO Peter Meldrum, two previous decisions by the Federal Circuit Court of Appeals “confirmed the patentability of our groundbreaking diagnostic test, which has helped close to 1 million people learn about their hereditary cancer risk.”
He said the company has spent 17 years and $500 million developing the BRACAnalysis test. “This case has great importance for the hundreds of millions of patients whose lives are saved and enhanced by the life science industry’s products,” he said.
According to Reuters, opponents say such a patent can restrict scientific research and access to medical care. Supporters say denying patent protection could slow advances in personalized medicine.
A decision by the Supreme Court is expected by the end of June.
