FIRST PERSON | The Supreme Court announced on Nov. 30 that it plans to rule on the issue of gene patents. This stems from a case in 2010, when the American Civil Liberties Union (ACLU) took the drug research company Myriad Labs to court over its patent on the BRCA gene. The ACLU claims that naturally occurring genes should not be patented. Myriad Labs disagrees, stating that it will not be financially viable to conduct important medical research without the ability to patent.

To patent or not

CBS News reported that the Supreme Court plans to hear the case in early spring 2013. This will finally lay to rest the question as to whether human genes are patentable. It is not a simple question. Right now, only Myriad Labs can test or perform medical research on the BRCA genes. Researchers wishing to test the BRCA gene sequence must pay royalties to Myriad Labs.

BRCA genes

The BRCA genes are an important sequence from a research standpoint. Certain mutations involving these genes leave women at high risk for breast, ovarian, and other cancers. The BRCA1 and BRCA2 gene mutations are at the heart of this legal battle. Testing for BRCA1 or BRCA2 is extremely expensive. Because Myriad Labs holds the patent, no other company can design a less expensive test.

Testing

I had genetic testing done because of my family history with breast cancer. It involved genetic counseling and a blood draw. Testing from Myriad Labs cost $5,000. Insurance paid for some of it, but I still had a significant amount to pay out of pocket. Women who receive Medicare, Medicaid, or those without insurance may not be able to afford the test -- leaving them without access to potentially life-saving medical information.

If you are BRCA positive, your risks for cancer skyrocket. Important decisions about your health care, including preventative surgical procedures, must be made. Sharing your BRCA status with immediate family members may impact important life decisions such as deciding to have children. This is why the ACLU sued.

Genes should not have patents

I had a diagnosis of breast cancer before undergoing genetic testing. It was important for me to share the test results with my family. Fortunately, my cancer is not BRCA1 or 2 related. This does not rule out my cancer being genetic. Here is the problem with Myriad Labs owning the patent on the gene: They are not looking for new mutations and no one else can undertake this important research without paying royalties to Myriad.

Read this article:
Supreme Court to Decide If Gene Patents Are Legal: It's About Time

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