Gene Patenting

Supreme Court: Liberate the Human Genome!

By Sandra S. Park, ACLU Women's Rights Project at 1:14pm

Today, we asked the U.S. Supreme Court to review an appellate court’s 2-1 ruling upholding patents on two human genes associated with hereditary breast and ovarian cancer.  The case challenges patents that pose a serious barrier to using new discoveries in genetic testing and how genes influence the way cancers develop and can be treated.

BRCA1 and BRCA2 are two of the 23,000 genes in the human genome, 20 percent of which have been patented.  We all have these genes, but women with certain genetic mutations are estimated to have up to an 85 percent risk for breast cancer and 50 percent risk for ovarian cancer.  Myriad Genetics obtained patents on the “isolated” forms of the two genes, which simply means it obtained a patent on the human gene once it has been removed from the cell.  It does not matter whether the genes come from you, me or any of the other 285 million people in the U.S., or whether you have a mutation or not – the patents claim them all.  Even though laboratories around the country are fully capable of providing genetic testing for BRCA1 and BRCA2 (and were already testing patients before the patents forced them to stop), the patents in essence give a monopoly over these genes. 

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...

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.

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? 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.

Voices on Human Gene Patents: 7 Days Until the Supreme Court

By Bennett Stein, ACLU Speech, Privacy and Technology Project at 10:37am

On April 15, the Supreme Court will hear arguments on a deceptively short question: Are human genes patentable? While the question's phrasing may be succinct and simple, the implications of the Court's answer are vast and critical. On behalf of researchers, genetic counselors, women patients, cancer survivors, breast cancer and women's health groups, and scientific associations representing 150,000 geneticists, pathologists, and laboratory professionals (more info on our clients here), we will argue that the patents on BRCA1 and BRCA2 – two humans genes (your genes!) associated with breast cancer and ovarian cancer – create harmful barriers to scientific progress and medical care. The case is the first challenging whether human genes can be patented.

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.

Today We Take Back Our Genes

By Alicia Gay, ACLU at 12:59pm

Today the ACLU is launching a campaign to illustrate the personal harms of gene patenting by showcasing those who have been or may be directly impacted by this practice.

Statistics image