ACLU lawsuit could affect colon cancer research

According to a release, the American Civil Liberties Union and the Patent Foundation at Benjamin N. Cardozo School of Law have filed a lawsuit charging that patents on two human genes associated with breast and ovarian cancer stifle research that could lead to cures and limit women’s options regarding their medical care. Mutations along the genes, known as BRCA1 and BRCA2, are responsible for most cases of hereditary breast and ovarian cancers. The lawsuit argues that the patents on these genes are unconstitutional and invalid.

Currently, Myriad Genetics and the University of Utah Research Foundation hold patents on the genes.  American Civil Liberties Union Executive Director Anthony Romero says constitutional rights to knowledge about the human body and to make pertinent healthcare decisions are at stake when private companies are allowed to hold patents on genes found responsible for diseases, CNN reported.

The real effect on patients is highlighted in a CBS story about the case.  When patients are told that they carry a BRCA1 or BRCA2 gene, their ability to get more information about the gene or to get a second opinion is limited because a single company, Myriad,  holds the patent to the gene.  Other agencies are legally restricted from researching or testing for the gene.

Because the ACLU’s lawsuit challenges the whole notion of gene patenting, it could have far reaching effects beyond the patents on the BRCA genes. Approximately 20 percent of all human genes are patented, including genes associated with Alzheimer’s disease, muscular dystrophy, colon cancer, asthma and many other illnesses.

Source: prnewswire.com, CNN.com, CBSNews.com

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