Navigation Links
U.S. Supreme Court Invalidates Patents on Breast and Ovarian Cancer Genes
Date:6/13/2013

Chicago, IL (PRWEB) June 13, 2013

The U.S. Supreme Court today invalidated patents on two genes associated with hereditary breast and ovarian cancer in response to a lawsuit filed by the American Civil Liberties Union (ACLU), which includes the American Society for Clinical Pathology (ASCP) and several other medical professional associations, on behalf of researchers, genetic counselors, patients, and breast cancer and women’s health groups that has far-reaching implications for pathology, laboratory medicine, and patients.

“Isolated DNA is a product and law of nature, not an invention, so it is not open to patent protection,” said Steve Kroft, MD, FASCP, president-elect of ASCP. “Gene patents hinder advances in patient care and make the process slower and more expensive for women to find out if they have certain gene mutations that could adversely affect their health.”

The patents allowed a Utah company, Myriad Genetics, to control access to the genes, known as BRCA1 and BRCA2, which gave them the right to limit others from doing research or diagnostic testing of the genes, which can be crucial for individuals making important medical decisions. By enforcing its patent for the testing of patients for BRCA1 and BRCA2 gene alterations for many years, Myriad Genetics has prevented other laboratories from developing tests for these mutations and limited research on these gene alterations that could lead to advances in diagnosis and treatment for patients.

“I know the costs of these tests will be considerably lower without patent protection, allowing more women at risk to be tested,” said Ossama Tawfik, MD, PhD, FASCP, a member of the ASCP Fellow Council and an expert in breast cancer pathology at the University of Kansas Medical Center.

The Court’s unanimous decision found that naturally occurring DNA is a product of nature and not patent eligible merely because it has been isolated. “Laws of nature, natural phenomena, and abstract ideas … are basic tools of scientific and technological work” that lie beyond patent protection, wrote Justice Clarence Thomas on behalf of all justices. Justice Antonio Scalia did file a short concurrence stating that he cannot sign on to the discussion relating to the finer details of biology. http://www.supremecourt.gov/opinions/12pdf/12-398_8njq.pdf

However, the Court also ruled that cDNA is patent eligible because it is not naturally occurring. Some cDNA patents may not be patent eligible where the cDNA is indistinguishable from natural DNA. The Court expresses no opinion on whether cDNA is otherwise patentable.

“The restriction of research on these genes has violated time-honored principles of free exchange of information in the areas of scientific inquiry,” Dr. Kroft said.

Additionally as a result of the U.S. Supreme Court ruling, laboratories nationwide can provide more genetic testing and patient diagnosis by pathologists that will inevitably lead to new developments in genetic research. This allows for greater possibility for improved screening for breast and ovarian cancer. The earlier detection will improve patient outcomes, resulting in fewer deaths for patients. Now patients can obtain a second opinion, which Myriad Genetics has not allowed.

Genetic testing can be developed that screens multiple genes for certain conditions, giving patients and pathologists a better understanding of how genetic factors might affect diagnoses and treatment.

BRCA1 and BRCA2 are two of 23,000 genes in the human genome. Up to 2.5 percent of all women in the United States have BRCA1 or BRCA2 gene mutations, which results in a 50- to 90-percent lifetime risk for breast cancer and a 25- to 50-percent risk for ovarian cancer. This compares to an average women’s lifetime risk of 12.2 percent for breast cancer and 1.7 percent for ovarian cancer.

Now those restrictions are removed, and patients will reap the benefits.

Read the full story at http://www.prweb.com/releases/2013/6/prweb10831810.htm.


'/>"/>
Source: PRWeb
Copyright©2012 Vocus, Inc.
All rights reserved

Related medicine news :

1. Mirena IUD Lawsuit Update: Supreme Court of New Jersey Centralizes Litigation; Parker Waichman LLP Underscores the Advantages of this Decision
2. New York Law Journal Releases Top Medical Malpractice Case for 2012: NY Supreme Court Awards $8.6 Million to Plaintiff after Doctor's Misdiagnosis Led to Personal Injury
3. U.S. Supreme Court Rejects Challenge to New Cigarette Labeling
4. Human Gene Patent Case Goes to Supreme Court
5. Cell Phone Radiation Lawsuit Update: ICEMS Position Paper Supports Italian Supreme Court Ruling on Cell Phones and Brain Tumors, Bernstein Liebhard LLP Reports
6. Supreme Court Ruling Sets Stage for Full Rollout of Health-Care Reform Law
7. Coral Calcium Company Announces New Offer Amidst Supreme Court Healthcare Decisions
8. Supreme Court Backs Much of Controversial Health Reform Law
9. Supreme Court Surprises in Citizens United Montana Case, Delays Order
10. America Awaits Supreme Courts Ruling on Health Care Reform
11. National Alliance For Hispanic Health Leads Diverse “Friends of the Court” in Support of NYC Policy to Reduce Sugary Drink Portion Size
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:6/24/2016)... ... ... a crisis. Her son James, eight, was out of control. Prone to extreme mood shifts ... upset him, he couldn’t control his emotions,” remembers Marcy. “If there was a knife ... and say he was going to kill them. If we were driving on the ...
(Date:6/24/2016)... ... 24, 2016 , ... Global law firm Greenberg Traurig, P.A. announced that 20 ... by their peers for this recognition are considered among the top 2 percent of ... honors as members of this year’s Legal Elite Hall of Fame: Miami Shareholders ...
(Date:6/24/2016)... (PRWEB) , ... June 24, 2016 , ... Comfort Keepers® ... American Cancer Society and the Road To Recovery® program to drive cancer patients to ... and other adults to ensure the highest quality of life and ongoing independence. ...
(Date:6/24/2016)... ... 2016 , ... People across the U.S. are sharpening their pencils and honing ... contest in which patients and their families pay tribute to a genetic counselor by ... Society of Genetic Counselors (NSGC) Annual Education Conference (AEC) this September. , In ...
(Date:6/24/2016)... ... 24, 2016 , ... The Haute Beauty Network, affiliated with ... as a prominent plastic surgeon and the network’s newest partner. , Dr. ... handsome men, look naturally attractive. Plastic surgery should be invisible.” He stands by ...
Breaking Medicine News(10 mins):
(Date:6/24/2016)... FRANCISCO, Calif. , June 24, 2016 /PRNewswire/ ... ), a biopharmaceutical company developing novel therapeutics for ... unmet needs, today announced the closing of its ... of common stock, at the public offering price ... in the offering were offered by GBT. GBT ...
(Date:6/24/2016)... , June 24, 2016 The Academy of ... recommendations that would allow biopharmaceutical companies to ... entities that make formulary and coverage decisions, a move ... of new medicines. The recommendations address restrictions ... appear on the drug label, a prohibition that hinders ...
(Date:6/24/2016)... -- According to a new market research ... Safety Pen Needles), Needle Length (4mm, 5mm, 6mm, 8mm, ... Purchase (Retail, Non-Retail) - Trends & Global Forecasts to ... for the forecast period of 2016 to 2021. This ... 2021 from USD 1.65 Billion in 2016, growing at ...
Breaking Medicine Technology: