BRCA Gene Patents

Myriad Genetics and University of Utah, USA, patents of the late 1990s. Ownership of human genes, struck down.

Overview

After the BRCA1 and BRCA2 genes linked to hereditary breast and ovarian cancer were identified in the mid-1990s, Myriad Genetics obtained patents on the isolated gene sequences and became the sole provider of diagnostic testing in the US. Researchers and patients argued this blocked second opinions and kept prices high. In Association for Molecular Pathology v. Myriad Genetics in 2013, the Supreme Court ruled unanimously that naturally occurring DNA cannot be patented merely because it is isolated, though synthetic cDNA can.