The Supreme Court today unanimously struck down patents on BRCA1 and BRCA2
When Angelina Jolie announced last month that she decided to get a prophylactic double mastectomy, she based her decision on the presence of the BRCA1 gene in her body—a gene that was detected via a costly medical test.
The Supreme Court today unanimously struck down patents on BRCA1 and BRCA2—two genes linked to hereditary forms of breast and ovarian cancer—when the genes occur in the body. Myriad did not create or alter any of the genetic information of the BCRA1 and BRCA2 genes, and thus does not satisfy patenting requirements, according to the decision. “Myriad discovered the precise location and sequence of what are now known as the BRCA1 and BRCA2 genes,” Justice Clarence Thomas wrote for the court.
This ruling could lead to cheaper tests for individuals who may be at increased risk of developing cancer. If Myriad Genetics were allowed to hold exclusive patents on these genes, the company would have maintained sole rights to create medical tests that indicate whether an individual has mutations that would lead to elevated risk of developing these cancers.
The ruling should also affect the medical research community. Because the genes were patented, any researcher who found a new way to isolate the genes would not have been able to use it, since Myriad held patents on the genes themselves. The court’s decision removes that restriction.
On average, women have a 12 to 13 percent risk of developing breast cancer over their lifetimes, but that risk spikes with the presence of mutations in the BRCA1 andBRCA2 genes—jumping to between 50 and 80 percent for breast cancer and 20 and 50 percent for ovarian cancer, the decision notes.
Myriad had identified the exact location of the BRCA1 and BRCA2 genes; it had not discovered that heredity plays a role in establishing risk of breast and ovarian cancer. “Myriad did not create anything,” Thomas wrote. “To be sure, it found an important and useful gene, but separating that gene from its surrounding genetic material is not an act of invention.” “I’m just incredibly relieved,” says Lisbeth Ceriani, a breast cancer survivor and original plaintiff who struggled to afford Myriad’s test.
The Latest Bing News on:
Gene patents
- Moderna patent application does not admit mRNA vaccines cause turbo-canceron November 27, 2023 at 11:00 am
False claims spread about residual DNA in mRNA COVID-19 vaccines causing turbo cancer. Experts and regulatory agencies refute these claims.
- AstraZeneca to use Hong Kong base for cell and gene researchon November 27, 2023 at 10:05 am
British pharma major AstraZeneca (LSE: AZN) has established a new R&D center in Hong Kong, focused on research and development in areas including cell and gene therapies. The center is located at ...
- Asep’s AI-based sepsis technology receives patent approval in USon November 27, 2023 at 2:49 am
Asep Medical has secured patent approval in the US for its AI-based sepsis diagnostic technology, SepsetER. The patent for the technology, together with patents awarded in Europe and Australia in ...
- Casgevy: UK approves gene-editing drug for sickle cellon November 26, 2023 at 8:25 am
In a world first, medical regulators in the UK have approved a gene therapy that aims to cure two blood disorders. The treatment for sickle cell disease and beta thalassemia is the first to be ...
- Bristol-Myers Squibb sees highest patent filings and grants during August in Q3 2023on November 24, 2023 at 4:54 am
Bristol-Myers Squibb saw the highest growth of 156% in patent filings in August and 104% in grants in September in Q3 2023. Compared to Q2 2023, Q3 2023 saw an increase in patent filings by 56% and ...
- EPO revokes Moderna's COVID-19 vaccine patenton November 23, 2023 at 7:23 am
The European Patent Office hands a win to BioNTech and Pfizer in coronavirus vaccine dispute | US biotech plans to appeal decision affecting mRNA patent.
- Is CRISPR Therapeutics the Best Gene-Editing Stock?on November 22, 2023 at 4:30 am
A striking analogy can be drawn between the development of monoclonal antibodies and the emergence of CRISPR-based gene editing. Both technologies took roughly 10 years to transition from the ...
- Patient Dies After Being Gene-Edited to Have Lower Cholesterolon November 15, 2023 at 4:00 pm
Researchers have been able to reduce dramatically the level of bad cholesterol in human subjects after injecting them with an experimental gene editing treatment, according to the science journal ...
- Taysha Gene Therapies, Inc. (NASDAQ:TSHA) Q3 2023 Earnings Call Transcripton November 15, 2023 at 11:00 am
Q3 2023 Earnings Call Transcript November 14, 2023 Taysha Gene Therapies, Inc. reports earnings inline with expectations. Reported EPS is $-0.13 EPS, expectations were $-0.13. Operator: Good afternoon ...
- Q3 2023 Taysha Gene Therapies Inc Earnings Callon November 15, 2023 at 9:52 am
Yanan Zhu; Senior Equity Analyst; Wells Fargo Securities, LLC, Research Division ...
The Latest Google Headlines on:
Gene patents
[google_news title=”” keyword=”gene patents” num_posts=”10″ blurb_length=”0″ show_thumb=”left”]
The Latest Bing News on:
Patent trolls
- 5th Circuit, Ghost Guns, Patent Trolls Song | Bloomberg | Bloomberg Law - season - 1on November 23, 2023 at 7:34 am
On this special best-of-edition of Bloomberg Law we recap some of the big legal stories of the year. Bloomberg Supreme Court reporter Greg Stohr discusses why an outsize share of the high court’s ...
- Senate innovation hearing long on assertions, short on supporton November 21, 2023 at 1:30 pm
Earlier this month, the Senate Judiciary Subcommittee on Intellectual Property held a hearing on the PREVAIL Act, legislation that aims to limit and weaken patent quality reviews at the U.S. Patent ...
- IP in the Age of AI: A Chat With Former Patent Judge Kit Crumbleyon November 17, 2023 at 12:01 pm
Legaltech News sat down with Christopher Crumbley, the newest member of Bracewell’s IP litigation team, who served for a decade in the U.S. Patent and Trademark Office (PTO), to discuss his views on ...
- Trolls Band Together Reviewon November 17, 2023 at 1:29 am
You have to hand it to the Trolls movies: Though they’re technically a craven bit of IP-mining, there’s nothing about a once-faddish line of extravagantly coiffed dolls that suggests it would ...
- How to Watch ‘Trolls Band Together’: Is the Animated Sequel Streaming?on November 16, 2023 at 11:00 pm
The band’s getting back together in “Trolls Band Together,” the third film in Dreamworks Animations’ family friendly franchise. Justin Timberlake and Anna Kendrick reprise their roles as ...
- Is Trolls Band Together streaming?on November 16, 2023 at 4:00 pm
In 2016, DreamWorks Animation and Universal’s Troll movie revealed that these creatures just love to sing. And they haven’t stopped singing since. Later this week, the musical journey ...
- 'Trolls Band Together' Cast & Their Characters In Side-By-Side Photoson November 14, 2023 at 4:00 pm
Trolls Band Together is one of those movies that actually, genuinely, ticks a lot of boxes for several generations. Kids, obviously, because the Dreamworks animated movie, the third in the Trolls ...
- Where to Watch Trolls: How to Stream Every Movie Ahead of Trolls Band Togetheron November 14, 2023 at 1:25 pm
Shutterstock In 2016, DreamWorks turned the colorful Trolls dolls into a full-blown sensation with the film Trolls. In the movie, a group of fun-loving trolls who spend their days singing and ...
- Content Streaming With Gameplay Launch: How Sony’s Latest Patent Will Affect Your Gaming Experienceon November 14, 2023 at 8:38 am
Content Streaming With Gameplay Launch is the latest gameplay feature Sony has patented, and here is why you should care as a gamer ...
The Latest Google Headlines on:
Patent trolls
[google_news title=”” keyword=”fix the internet” num_posts=”10″ blurb_length=”0″ show_thumb=”left”]