Patent Law

The following is excerpted from a May 14, 2009 article by Paula Reed Ward at the Pittsburgh Post-Gazette:

A genetic test to show predisposition for breast and ovarian cancer has likely saved the lives of thousands of women across the country.

But because of a group of unusual patents obtained by Salt Lake City-based Myriad Genetics Inc., the test for the BRCA1 and BRCA2 genes is only available through that company -- potentially limiting access to any number of patients who may not have the insurance or the cash to be able to afford the $3,000 test.

On Tuesday, a group of physicians, researchers and patients filed a potentially ground-breaking lawsuit against Myriad in federal court in New York, challenging not only the company, but the U.S. Patent and Trademark Office, as well.

The lawsuit, filed by the American Civil Liberties Union, brings to light not only issues over patent law (Can a company patent something that is naturally occurring?) but medical ethics, as well (Should a company restrict access to a valuable diagnostic tool for profit?)

The plaintiffs allege that Myriad's patents prohibit any other lab from doing routine screening for the genes in question, and have therefore created for Myriad a monopoly on the technology.

They cite as an example of Myriad's diligence in protecting the patents that the company has sent cease and desist letters to labs at the University of Pennsylvania to stop work occurring there and has enforced the patents at least nine times.

Read the full article here.