US court reverses gene patent ruling for BRCA1 and BRCA2

Abstract

In the latest volley in the USA's gene-patenting wars, the US Court of Appeals ruled that genes could be patented, overturning a lower court's decision from 2010. The new ruling upholds Myriad Genetics' patent rights on the breast and ovarian cancer-risk genes BRCA1 and BRCA2, and protects its BRACAnalysis test. However, the court also ruled that Myriad Genetics could not patent its gene mutation analysis method. “Our patent position is as strong today as when the American Civil Liberties Union (ACLU) brought the suit”, Myriad spokesperson Rebecca Chambers commented about the July 29, 2011, decision. The lawsuit also pertains to 4000 other patented genes.