Gene Patenting and Women's Health: What the Myriad Decision Means

Last week, the Supreme Court handed down a decision in Association for Molecular Pathology v. Myriad Genetics, a case dealing with gene patenting. Now, for a lot of people who don't follow the biotech industry closely (or who aren't mega nerds like me who've read every Michael Crichton novel ever published), this seems absurd. "Of course you can't patent genes;" you might say, "Patents are for things that are invented, created, and developed. Genes occur in nature. Isn't that like patenting dirt or a rock or a tree?" But this practice of companies patenting genes they discovered and isolated had been going on for 30 years. This practice means that the companies with patents effectively have a monopoly on research of that gene, stunting other scientists' ability to conduct research and potentially driving up patient costs for tests and treatments related to the research. But then, on June 13th, the Supreme Court agreed, "Of course you can't patent genes! Genes are found in nature." They didn't put it exactly like that, but you get my point. 

So this decision is a triumph of logic and reason, but what exactly does it mean for women's health? The case the Court decided on dealt specifically with Myriad Genetics' long-standing patent on the BRCA 1 and BRCA2 genes. These genes are associated with breast and ovarian cancer, and individuals with certain mutations of this gene are at an increased risk for those types of cancers. The Myriad decision means that more scientists will be able to perform research on these genes, which should lead to breakthroughs in prevention, detection, and treatment. This is good news for women at increased risk of breast and ovarian cancer thanks to a BRCA mutation, but the decision will reach beyond just the BRCA genes. Many other genes have been patented, such as the gene associated with cystic fibrosis. The Myriad decision will allow investigators across the country to more easily perform the kind of research that leads to improvements in patient care and in some cases, saves lives. 

With the Supreme Court hearing so many high profile cases this term, from affirmative action, to same-sex marriage, it's easy to see how the Myriad decision might not have been on your radar, but it's certainly a decision worth celebrating.