You’ve probably seen the barrage of commercials for the BRCA (pronounced “brack”) test for women. It tests for the BRCA gene which indicates that a woman is 3 to 7 times more likely than the rest of the population to develop breast cancer. Last week a New York federal court invalidated the patent held by Myriad Genetics for this BRCA gene. Essentially, by establishing ownership of the gene through the US Patent and Trademark Office, Myriad has successfully prevented all others from testing for this mutation in the human body since 1996. The fact that the patents were granted for genes and gene mutations in the first place is very questionable. The ACLU sued Myriad Genetics on behalf of several patients and research scientists because the company’s ownership of two gene mutations resulted in women being unable to obtain a second opinion because only Myriad could perform the test. It also prevented scientists from further studying the gene. This decision puts other patents on genes in jeopardy (the ACLU estimates that some 2000 patents are currently held by private corporations on human genes). Although it is likely that this decision will be appealed, as Myriad is making $3,500 – $4,000 a pop on the test, in my opinion equity requires that genes and gene mutations be excluded from protection so that women may receive proper testing before undergoing radical preventative surgery. Corporations have no business owning any portions of the human body for any reason.
Should Corporations Have the Right to Own Parts of Our Bodies?
April 6, 2010 by kimberlyhouser
I completely agree with the fact that corporations have no business owning any portion of the human body for any reason. It is kind of frightening that since 1996 Myriad has been profiting off of these potential cancer victims. There is a lot of hype about threats and treatments of cancer, and so much money is put towards cancer research. You would think that with all of these people putting so much energy into finding the cure, that Myriad would have been sued long ago for withholding the right to information that could really benefit an actual “myriad” of women.
I would also agree that corporations have no business owning any portions of the human body. The BRCA genes should have never been patened in the first place because the idea of presumed consent is innefective and uncertain. Organs, for example, cannot be donated, bought, or sold without proper directives and consent from that individual(s).
After the National Organ Transplant Act (of 1984) was passed, the buying and sale of organs and other body parts became illegal due to many concerns which would affect the public at large. Some of the problems include exploitation of organs and poor individuals, quasi-property rights, blackmarkets, and coercion.
The ownership of genes could possibly be protected or returned to each individual by this act and dismiss Myriad’s patent on the BRCA gene(s).
I feel like this is completely outrageous and makes me think of some twisted science fiction film from the future. I don’t understand how anyone would think it’s a good idea to patent a gene. This is only a step closer to corporations owning organs and body parts. Corporations should not be allowed to have this much ownership. This is also extremely unethical because it only adds to the stress women encounter when they find out they have breast cancer, and then come to realize they can’t even get a second opinion! The fact that this has happened disgusts me.
These guys can’t be serious. I can see the company getting the rights to name the tests / procedure, but not allowing other companies to work on genes is a huge set back for the production of important medicines and procedures to make any kind of breakthroughs. If the U.S. wants to be leaders and innovators in the medical field, it’s going to have to drop these sorts of patents.
I think this is ridiculous! Perhaps they can say they discovered the gene and can publish on their findings, but to be the only place that can test for it is criminal. When did the science community get so cut throat? I see it as they discovered a new species of plant and now they have a patent that says they own all of them all over the world. They should learn to share so the world can benefit, not be restricted.
I’m not surprised that medical corporations are trying to have exclusive rights to the human anatomy. It actually makes sense. From a business position it is ideal to be in a market where there are few or no competitors; that way your company will be most profitable. This, however, may make you subject in becoming a monopoly, but that is another discussion all together.
This is a disgusting misappropriation of intellectual property that should be available to the entire medical community. Myriad is essentially profiting off of cancer. I cannot believe that nobody saw the implications of allowing a patent of this nature to go through. They are robbing people of competitive prices for this healthcare and they are robbing everyone of the chance for the medical community as a whole to study this gene and find out better methods of treatment and diagnosis.
The fact that someone can own the rights of a gene in everyone is very creepy. I was unaware that this practice was possible. I can understand through the corporations perspective on why they would do this, but for this to actually be legal is other thing.