On May 13, 2008, a request to the patent office was granted. Well, I'm sure several requests were actually granted, but one had some long reaching implications that we are still looking at a year later. The BRCA-1 and BRCA-2 genes were patented on this day by Myriad Genetics.
If you don't know what these genes are, you probably don't have a strong family history of breast cancer. Basically, a woman with one of these genes is extremely likely to get breast cancer, and much more likely to get ovarian cancer. A woman with both the genes is very likely to get both cancers sometime in her lifetime. Genetic tests for these two genes have prompted many women to have preventative mastectomies... complete removal of the breast tissue, so no cancer can arise out of them (though for those of you who watch House, you may remember an episode where one woman who underwent this operation still got breast cancer...)
A patent on these genes means that no one, besides those who hold the patent, can study, test, or even look at the gene in question. Which means that there can be no competition for tests of these genes, effectively making the testing outrageously expensive ($3000 in this case), and little additional research can be done regarding these genes.
Outrageous, hmm?
Well, that's not the worst of it. The ACLU is filing a lawsuit against these patents, claiming that it is unconstitutional to have a patent on genes. After all, we all own our own genes, right? In fact, more than 20% of our genes are patented. The reason this one comes to light now is because so many women are afflicted with these diseases, and we're constantly trying to lower that number through research. But, of course, if research on the genes that can cause these cancers is stifled, it's very difficult to progress.
Myriad claims that it should be able to patent these genes because so much money goes into researching the genes themselves, and they have a right to make up the cost in genetic testing. This reminds me of the pharmaceutical company, where brand name medications are patented to recover the costs of research and development of the drug. They get a monopoly on the market for a certain number of years before other companies can begin to make generic versions of the drug.
Should healthcare be this way? On one hand, I understand that there is a significant cost involved in this research. But, on the other hand, things that help people significantly, such as drugs and genetic testing, should be available to those who need it, regardless of the cost. I guess this all comes back to the debate about universal coverage. What's your opinion on the matter?
I don't think it should be legal to patent biological material. It is a travesty in this case, with the breast cancer genes. But it also affects the farming industry. If I remember correctly, Monsanto, one of the world's biggest farming corporations, patented this genetically modified seed for corn (and other cash crops). There have been cases where the seed has incidentally ended up growing on an independent farmer's property, through wind or runoff, and Monsanto has sued these independent farmers for growing their crop without a permit.
In fact corporations like Monsanto have patented all kinds of heritage seeds, just so no one else can grow them. It's all legal. It doesn't help that companies like this have major bucks to use for lobbying.
Common sense is as rare as genius. ~Emerson
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I also don't think that patenting of genes should be allowed. For one thing, it seems wrong to do it. That to me is like putting a patent on the human ear and not allowing any ear specialists to work with patients who aren't with a certain company...
And then there's also the competition standpoint. Without competition, the company Myriad doesn't have the necessary urge to rush to work on the treatment, because there's no one else to race with. Competition is how we get low prices and quicker solutions, and when it comes to cancer, I think many people have waited long enough.