Like Your Genes? Who Cares?! (Myriad Doesn't.)

          On February 15th, the Federal Court of Australia ruled in favor of Myriad Genetics, Inc. on the matter of a patent — for genes.  The decision was made on the basis that the process of isolating a gene or genetic sequence from the body, regardless of whether it already exists there, is considered an "artificial state of affairs," and thus deems the gene/genetic sequence viable for patenting.

Really?

          Yes, really.  Because Myriad can use its technology to isolate human genomes, it is then allowed to patent the genes it finds.  How does this make any sense?  This would be like finding a bird with a bird caller and then patenting the bird.  The only minute silver lining of this case (and I emphasize minute) is that the decision was specific to a patent on mutated BRCA1 genetic sequences, which are attributes to an increased risk of both breast and ovarian cancer.  (This means Myriad can't take all of our genes... yet.) Now, this patent was filed in 1994 by Myriad, and with its victory almost nine years later, the company holds the exclusive right to perform test for the presence of these BRCA1 series in Australia.  In comparison, Myriad's enforcement of its patent in the United States makes it the only company able to test for BRCA1.  Oh, and it can cost up to $3,000.

          The counterpart to Myriad in this legal bout was Cancer Voices Australia and a woman named Yvonne D'Arcy, previously afflicted with breast cancer.  Their goal was to quell Myriad's excessive control, which prevents other laboratories to test for BRCA1, leaving countless lives, and wallets, in the hands of Myriad Genetics, Inc.  A core point of the defense's argument against Myriad was that isolating a gene from the human body is like "snapping a leaf from a tree."  If I were to take a leaf from a tree, a leaf that already exists and is able to be taken by anyone with hands, why should I have the legal rights to all leaves?  Similarly, why should Myriad have ownership of the BRCA1 gene, when it uses technology that all genetics labs not only use but have been using to examine this specific genetic sequence?

          So, if you aren't Australian, how is this relevant to you? Well, in two months the U.S. Supreme Court will hear an appeal on a case with Myriad Genetics, but with the American Civil Liberties Union replacing Cancer Voices Australia.  Because the criteria for patent acceptance is universally similar, Myriad's victory in Australia may translate to a denial of the American Civil Liberties Union's appeal, and we all may continue to be subjected to the same ridiculous, nonsensical, and absurd fate as the "Land Down Under."

Note: Australia's parliament lessens the impact of this decisions to researchers somewhat.  As per the "experimental use defence," researchers investigating the subject area governed by a patent cannot be penalized for doing so.

(Original article courtesy of NewScientist.com)