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ACLU, Breast Cancer Patent Lawsuit | 05/15/2009 10:35 am

'Liberate the Breast Cancer Gene': ACLU Takes on Government Over Cancer Gene Patents (Video)

In what may be the first lawsuit of its kind, the ACLU claims no one company should have patent protection for any gene; women at more risk for cancer.
By The Staff at wowOwow.com
YouTube

The ACLU lawsuit against Myriad Genetics over breast and ovarian cancer-gene patents has become a hot topic in the biotechnology world. 

The ACLU and the Public Patent Foundation this week filed a lawsuit charging that patents on two human genes associated with breast and ovarian cancer — BRCA1 and BRCA2 — are unconstitutional and invalid, and will inhibit medical research. About 20 percent of a human’s genes are patented, which means the patent holder controls who has the right to study or test for that gene. The ACLU says that Myriad’s patent on those two genes — which indicate a person is at a higher risk for developing those cancers — makes it impossible for women to gain access to other tests or get second opinions about their results. Plus, the ACLU says, Myriad’s hefty price of $3,000 per test is just too expensive for many women.

"Knowledge about our own bodies and the ability to make decisions about our health care are some of our most personal and fundamental rights," said ACLU Executive Director Anthony D. Romero. "The government should not be granting private entities control over something as personal and basic to who we are as our genes. Moreover, granting patents that limit scientific research, learning and the free flow of information violates the First Amendment."

Genetic Engineering and Biotechnology News (GEN), published by Mary Ann Liebert, says the ACLU suit is going to lead "one of the most important legal battles in the history of biotechnology." 

"This is going to turn into one of the watershed events in the evolution of the bioindustry,” said GEN Editor-in-Chief John Sterling.

The lawsuit appears to be the first of its kind.

Watch the ACLU video explaining the cancer patent dilemma below:

20 Reader Comments (so far…) Sign In or Register to comment

Kelly In Texas

What people are failing to understand is that PRIVATE companies did the research, paid the costs, funded the process. NOT the government.

The government does not, nor will it be able to AFFORD the research that discovered the gene IN THE FIRST PLACE.

So…what pays them for all of that work and research time? THE FEES of course. That is why government run ANYTHING does not make money or innovations of any consequence.

Look past this issue of "Knowledge about our own bodies and the ability to make decisions about our health care are some of our most personal and fundamental rights"

And realize that the KNOWLEDGE was "discovered" by PRIVATE entities not the GOVERNMENT.

This is exactly what Americans will be losing in a Universal plan. The research that makes these important discoveries.

Do not be manipulated by this type of article, look deeper and understand where the real value is here.

By Kelly In Texas on 05/15/2009 10:58 am
Rachel F

I understand what you’re saying, but the $3000 charge is just too ridiculous. Also, not allowing a second opinion isn’t a good idea, and preventing further study is a very bad idea.

Could there be a compromise? Any research leading to profit gives the original researchers a share, anyone doing a similar test pays them a percentage, and the charges are reduced? We should reward (not to mention, reimburse) the researchers; but keeping people from who would benefit from the research is the wrong way, imho. After all, we’re talking about people’s lives and well-being.

By Rachel F on 05/15/2009 11:13 am
f p
Exactly—well said.
By f p on 05/15/2009 11:31 am
Kelly In Texas

Yes Rachel, it would be nice if all these research fees could be reduced. However, the fact remains that with Universal Health care, no one will have the chance to benefit from such research at any price. Even if you could afford it, you may not be allowed to.

$3,000 is not that much. Most people spend more money on cars, clothes, etc. The point is that with private health care, these breakthoughs are possible. At least anyone would have the CHANCE at this proceedure. That is why this country is the leader of the worlds best health services.

Other countries do not have the research or the opportunty to purchase these new breakthroughs. We do, for now.

By Kelly In Texas on 05/15/2009 4:04 pm
Zera Lee

Sorry Kelly, but this article has nothing to do with universal health care or private health care. It is about artificial monopolies and crushing free-market competition.

$3000 may not seem like much to you, but to someone else it can be 3-4 mortgage payments, or more than half a year of car payments, or a couple months of food for the family.

And do not be so quick to criticize government research, it has been critical to our standard of living. The government has provided the original research that a great many of our products are based on. Everything from Velcro and Superglue to microwaves and computers are a direct outgrowth of government research. It is what made us the technology leader we have been since WWII. You would not be able to express your opinions here, this forum would not have existed in your lifetime, if not for government research and the business opportunities derived from it.

By Zera Lee on 05/16/2009 2:50 pm
Kelly In Texas

So sorry Zera…not true. The government has continually given grants to private industry to develop many technologies. In other cases, these companies have been assured the patents etc, in return for the research and development. So forget that fairytale of government leading anything in developing technology….hardly.

Let me be clear here; If you are concerned about not affording $3,000 for a life saving proceedure…then start saving now. Get out of the expensive mortgage that you can not afford, sell that car and buy a cheaper one that you can pay for. Do what it takes to be responsible for yourself.

This has EVERYTHING to do with universal health care. New technology and research, innovations in drugs are all accomplished through private business and free market competition.

Without that, we give up the best health care in the world. We give up the CHANCE to save that $3,000 and get the proceedure at all.

We are stuck in the past like Canada and the UK…but then they use to save their money and come here…..

By Kelly In Texas on 05/16/2009 3:39 pm
Zera Lee

Wrong again, Kelly. Many government grants go to public universities. The same universities that train the researchers that go to those private companies. Training that would dry up without research grants to attract students and retain instructors.

Your example of government grants also illustrates how some of this research would not get off the ground without the government getting it started. Government employees do not need to be the ones who do the research for the government to be the prime motivator, so forget that fairytale about the government not having a leading role. Foreign countries have begun to overtake us in both pure sciences and in tech R&D because of reductions in public funding. When Bush restricted funding of stem cell research to a few contaminated lines, he drove many of the top researchers out of the country. We are years behind, and only now have a real chance to catch up. Don’t even get me started on NASA and DARPA, you really don’t want to go there.

Let me be clear here: the $3000 is NOT for a life-saving procedure, it is for the TEST. No second opinions allowed, no verifications allowed, just a single TEST. Actual treatment would be above and beyond that. You said that “$3,000 is not that much”, so I was trying to illustrate how much $3000 can mean to others, especially in these economic times, because I try to see things from more perspectives that just my own. It’s called empathy. Look it up.

When I said this article has nothing to do with universal health care or private health care, I meant that the article does not mention public, private, universal, or any other kind of health care delivery system. That was your schtick. Try to stay on topic.

And the topic is whether human genes, which exist in nature, can legally be patented – and whether it is good for society to do so.

India has spent the last several years trying to defend it’s pharmacopoeia and traditional remedies from foreign patents.

http://www.guardian.co.uk/world/2009/feb/22/india-protect-traditional-me…
http://www.thehindu.com/2009/02/24/stories/2009022455911100.htm
http://www.progress.org/archive/patent03.htm

Make no mistake, the bio-tech industry is driven by avarice, not concern for anyone’s health. They are patenting everything they can get away with. Anything they think they can make money on, regardless of the consequences. Traditionally, things occoring in nature have not been considered patentable, but this seems to be changing.

About 20 percent of a human’s genes are patented, which means the patent holder controls who has the right to study or test for that gene.

This is not free market competition, this is a ban on free market competition. This is the government creating a one-horse race, a monopoly. This isn’t just protection of a company’s investment, it is preventing other companies from making the same investment and developing different solutions. This is unfair competition and government interference at it’s finest.

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

While patenting solutions promotes progress, patenting the problem sharply restricts progress. These patents appear to fail the test for patentability, and should be rejected in court. This is another indication of just how overworked and underfunded the Patent Office is. They cannot keep up with the workload, let alone the technology behind the patent applications. No wonder some fools wanted to do away with “prior art”, even though it would completely screw up the very concept of patent protection.

And if you think that Myriad Genetics did ALL the research, then you should familiarize yourself with the Human Genome Project and the genes in question:

http://en.wikipedia.org/wiki/Human_Genome_Project
http://www.cancer.gov/cancertopics/factsheet/risk/brca
http://research.nhgri.nih.gov/bic/
http://www.ncbi.nlm.nih.gov/books/bv.fcgi?call=bv.View..ShowSection&rid=…
By Zera Lee on 05/18/2009 11:14 am
David Koepsell

Actually, before patents existed, scientific discoveries will still made and people made profitable inventions.  But patent is a government-granted monopoly, a type of corporate welfare, which is supposed to cover newly invented innovations, not discoveries about nature.  Here, Myriad is profiting from something nature invented, kind of like patenting the Grand Canyon, or the banana.  These genes are not new, non-obvious, nor useful.  The tests they invented are, and they can patent the test as a whole, but not the genes that have been around for eons.  Patents for natural genes stifle research.

My book "Who Owns You? The Corporate Gold Rush to Patent Your Genes" goes into depth about this issue.  It was just published in March by Wiley-Blackwell: http://www.amazon.com/Who-Owns-You-Corporate-Philosophy/dp/1405187301/ref=sr_1_1?ie=UTF8&s=books&qid=1242232286&sr=1-1 

 

By David Koepsell on 05/17/2009 11:49 am
Tee Zee

Well eventually the patent will expire but I hope Myriad goes bankrupt first.  

By Tee Zee on 05/15/2009 2:52 pm
Kelly In Texas

How ridiculous Tee Zee…Myriad assumed all the risks, the the costs, all the work. Now you would rather that they never were, that no one had taken the challenge to discover these things.

Foolish and short sighted.

By Kelly In Texas on 05/15/2009 4:09 pm
Tee Zee

So profit is king, huh, just make a buck off the suffering of others?  Geez, I thank God every day I don’t live in Texas! 

 

By Tee Zee on 05/16/2009 10:42 am
Kelly In Texas

Profit saves lives. At least it is available. Other countries do not have that chance, they are stuck with government run health care and must come HERE to get the cutting edge treatments.

How simplistic can someone get…of course profit encourages growth. The government doesn’t do thing for free…take a look at all the giant corp. that are making BILLIONS off of Obama policies and bailouts…..

By Kelly In Texas on 05/16/2009 3:51 pm
Zera Lee
Nobody is saying that they cannot patent their discoveries and profit from it, but patenting the problem is something else entirely.
By Zera Lee on 05/16/2009 2:54 pm
zeena princess

Kelly,

I find your posistion very well thought out and clear thinking. I do, however, ask you to reconsider the thought that $3000.00 is not that much money. Keep in mind that many of the people who need tests of these sort are most likely un-insured, these days possibly either unemployed or under-employed or just plain old poor.

I totally agree that we need to understand that this great advance in medicine is coming from private people, organizations or for profit hospitals, all who need money to continue their research; but don’t you think that as Doctors they have an obligation to share their knowledge to the people who truly need their help, regardless of their financial situation?

Rachel F has a good point about sharing the cost and the money recieved, making this test more easily available to all who need it.

 

By zeena princess on 05/15/2009 4:44 pm
Denise L
Other research has been done by other countries with universal health care. And other discoveries are made by them. Research does not stop and scientists do not stop researching because of universal health care. Our private corporations might make some and then keep them as their property but other countries have also and shared them. Has nothing to do with universal health care being the bad here.
By Denise L on 05/16/2009 1:05 am