Your Genes May Be Patented

If you want a genetic test for breast or ovarian cancer, you may only be able to get it done once because your genes and the testing of them may have a patent.  This is what happened to Genae Girard in a recent article in the New York Times, Cancer Patients Challenge the Patenting of a Gene.

With a diagnosis of breast cancer in 2006, Genae Girard wanted to know if she had the genetic marker for ovarian cancer as well.  She received a genetic test for it and it came back positive.  Before electing to have her ovaries removed, she inquired about a second opinion.  However, she was presented with an astonishing situation; Myriad Genetics has a patent on genetic testing on the only two genes that indicate risk for breast and ovarian cancer.  Ms. Girard filed a lawsuit against Myriad Genetics and the Patent Office to attempt to have this patent lifted offering her and others the opportunity to have additional testing on these two genes.

The Best Interest of the Patient

Ms. Girard’s frustration is understandable and valid.  Does Myriad Genetics have the best interest of the patient in mind?  How can they claim ownership of genetic testing on two genes?  Cancer patients or individuals who would like to know if they are at risk should have the opportunity to receive genetic testing so they can prepare themselves and receive the treatment they need.  Ms. Girard wants a second opinion before having surgery because she doesn’t want to go through invasive procedures before she knows, for sure, that it is needed.

Putting restraints on genetic testing on the two genes that they know indicate risk for breast and ovarian cancer means limiting the future research and treatment of these cancers.  If Myraid Genetics patent lifts, other companies will be able to join in the testing and possibly extend it to better help patients.  The other benefit is that these other companies may be able to offer this testing for less cost, which is most likely one of the reasons why Myriad Genetics has monopolized the testing on these two genes.

So what do you think?  Does Myriad Genetics have the right to own the genetic testing of the breast and ovarian cancer genes?  Does Ms. Girard have a case?

(Photo Credit: Mandam on Flickr)

May 20th, 2009 by Marcelina Hardy | Posted in Genetic Testing | (0)