Federal Court to Reconsider Genetics Patents
- By BSTQ Staff
On March 26, the U.S. Supreme Court instructed the Federal Circuit Court of Appeals to reconsider its July 2011 decision to uphold patents held by Myriad Genetics. This decision is due to a new precedent that was set when Prometheus Laboratories, a small diagnostics company, was unable to patent the connection between optimum drug dosage and the way it metabolizes in a person’s body. According to the Supreme Court, the Myriad Genetics’ “patent claims at issue here effectively claim the underlying laws of nature themselves.” As such, it concluded, “the claims are consequently invalid.”
The two Myriad patents at issue are concerning genes BRAC1 and BRAC2. Patients with inherited mutations in these genes have a greater chance of acquiring breast cancer or ovarian cancer. Myriad has created a genetic exam called the BRACAnalysis test, which enables doctors to pinpoint patients with the greatest risk of developing cancer. If patients are confirmed to have a high cancer risk, then their physicians can take steps to help minimize that risk by prescribing preventive medical treatments.
With the Myriad patents hanging in the balance, biotechnology companies are concerned about the future of innovation. They say patent protection is a required motivation to encourage new technologies. Yet, academic researchers have conventionally been motivated by science rather than revenue, so the lack of patents could result in increased research activity.