On May 12, the American Civil Liberties Union and Yeshiva University sued Myriad Genetics, a Utah-based company that holds the patents for BRCA1 and BRCA2, two genes known to cause hereditary breast and ovarian cancer. The ACLU argues that it is unconstitutional to hold such patents as it may limit the number of patients that are able to afford the test and it slows the amount of research that can occur with these genes. The University of Utah Research Foundation and U.S. Office of Patent and Trademark Office were also included in this lawsuit filed in the U.S. District Court in New York.
According to the National Cancer Institute, 2% of women with breast cancer and 10% of women with ovarian cancer may have a BRCA gene mutation. When functioning normally, researchers believe BRCA (breast cancer 1 and breast cancer 2) genes help certain cells in body grow properly. A mutation, or change, within one of these genes can alter the gene function and increase cell growth, leading to primarily breast or ovarian cancers. Breast cancer risk may be as high as 85% for individuals with a BRCA mutation and can often occur at a much earlier age than is typical. Other cancers, such as prostate, stomach and pancreas, also occur at higher rates. The gene mutation is hereditary, putting family members at increased risk for these cancers as well. Although there is no cure for the mutation, prophylactic breast and ovarian surgery are just some of the treatments available to greatly decrease the risk of cancer in individuals with a BRCA gene mutation.
The patents prevent other genetic testing companies from offering BRCA1 and 2 gene testing to patients and prohibits researchers from studying these genes without Myriad’s permission. The BRCA genetic testing panel currently costs about $3000, and the ACLU believes this cost may limit the number of women that are able to obtain this test.
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