BRCA

The U.S. Supreme Court is about to decide whether a private company can own a part of your body.

Currently, a company called Myriad Genetics “owns” two genes known as BRCA 1 and BRCA2 –or Breast Cancer 1 and Breast Cancer 2. Women with certain mutations in these genes have a strong chance of getting breast or ovarian cancer.

This has very dangerous implications for women’s health, and it’s illegal. The ACLU has filed a lawsuit challenging the validity of these gene patents. On April 15, 2013, the ACLU argued the case before the U.S. Supreme Court. We expect a decision this summer.

Read more about BRCA on our FAQ page here.

Remembering the Real Purpose of Patents

By James Evans, Bryson Distinguished Professor of Genetics and Medicine, University of North Carolina - Chapel Hill School of Medicine at 10:44am

James Evans, MD, PhD is the Bryson Distinguished Professor of Genetics and Medicine at the University of North Carolina Chapel Hill School of Medicine. He was a member of the advisory committee to the U.S. Secretary of Health and Human Services on Genetics, Health and Society and spearheaded that committee's task force investigating gene patenting and its effect on patient care. He also filed an amicus brief in the ACLU's challenge to gene patents.

Who Invented Your Genes?

By Sandra Park, ACLU at 10:25am

Who invented our genes? There are many possible answers to this question, but I'm pretty sure your answer wouldn't be, "Myriad Genetics."

But that question is at the heart of our ongoing challenge to patents Myriad controls on two human genes called BRCA1 and BRCA2, which are associated with inherited risk of breast and ovarian cancer. We all have these genes, but people with certain mutations are much more likely to experience cancer in their lifetimes.

Voices on Human Gene Patents: Gene Discovery, Patents, and the Community

By Sue Friedman, DVM, Founder, Executive Director, FORCE: Facing Our Risk of Cancer Empowered at 11:32am

Recently a dear friend sent me a link to an article in the February 1996 issue of Nature Medicine. The article...

Take Back Our Genes – Join the Fight Against Gene Patenting

We can bring an end to gene patenting to ensure the human genome, and all DNA found in nature, is open to everyone for the benefit of everyone – not just corporate profits.

Who Owns Your Genes? You Do.

By Selene Kaye, ACLU at 5:18pm

On Monday, federal district court Judge Robert Sweet made history by issuing the first ruling ever that human genes can’t be patented.

The U.S. Patent and Trademark Office (PTO) has been issuing patents on human genes for over 20 years, giving private corporations, individuals, and universities exclusive rights to those genes and to test, study, or even look at them. This is the first time a court has said that this practice is unlawful.

Hands Off My Genes

By Rachel Marshall, Washington Legislative Office at 5:21pm

Most teenagers don't sit around contemplating the need for genetic testing. They may not even know the purpose of genetic testing. That all changed for me when I was 13, shortly after my baby brother celebrated his first birthday. He was diagnosed with a disease called Spinal Muscular Atrophy (SMA), a genetic motor neuron disease that affects the muscles that control crawling, walking, head and neck control, and swallowing. In order to inherit SMA, both parents of a child have to be carriers of a mutated SMN1 gene. If both parents are carriers, their child has a one in four chance of being affected with SMA. While my sister and I are perfectly healthy, there is a chance that we could both be carriers of the mutated SMN1 gene. My brother's doctors have strongly advised that, should we choose to have children, our partners should at least be tested to see if they are carriers for the gene. It was the first time the concept of genetic testing came across my radar, but it certainly wouldn't be the last.

Who Owns Your Genes? The Case Continues…

By Sandra S. Park, ACLU Women's Rights Project at 8:10am

Today, a divided appellate court upheld patents on two human genes associated with hereditary breast and ovarian cancer. The ruling partially reverses a landmark decision by a federal district court in March 2010 that concluded that human genes cannot be patented. The appellate court did affirm the district court’s invalidation of several claims on methods for comparing two genetic sequences.

Celebrate DNA Day by Taking Back Your Genes

By Sarah Roberts, Speech, Privacy and Technology Project at 4:05pm

Tuesday is National DNA Day, which commemorates the discovery of DNA's double helix structure by James Watson and Francis Crick in 1953, as well as the successful completion of the Human Genome Project in 2003. In honor of National DNA Day, the National Human Genome Research Institute will be hosting an online chat from 8 am to 5 pm Eastern today, in which experts will answer questions about DNA in real time.

Your Genes, Your Rights

By Sandra S. Park, ACLU Women's Rights Project at 4:13pm

This post is part of Mom's Rising's Blog Carnival on women's health and economic rights, held this week to commemorate the anniversaries of the 1920 passage of the 19th Amendment and the 1963 March on Washington.

When you hear about patents on human genes, women's rights might not immediately come to mind. Yet, a woman's right to access medical care, make informed medical decisions, and benefit from scientific research is at the core of this issue.

ACLU Lens: Appeals Court Hears Case Challenging Patents on Breast Cancer Genes

By Rachel Myers, ACLU at 5:43pm

A crowd of scientists, medical professionals and legal scholars packed the U.S. Court of Appeals for the Federal Circuit yesterday to hear an appeal in our lawsuit challenging the patents on two human genes associated with hereditary breast and ovarian cancer.

The ACLU and the Public Patent Foundation brought a lawsuit in May 2009 against the U.S. Patent and Trademark Office (USPTO), Myriad Genetics and the University of Utah Research Foundation, which hold the patents on the genes, BRCA1 and BRCA2. The lawsuit charges that the patents restrict both scientific research and patients' access to medical care, and that patents on human genes are illegal because genes are "products of nature." The groups brought the case on behalf of breast cancer and women's health groups, individual women, geneticists and scientific associations representing approximately 150,000 researchers, pathologists and laboratory professionals.

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