
The US Court of Appeals for the Federal Circuit upheld an earlier ruling that isolated human genes can, in fact, be patented. The case involves Myriad Genetics, Inc. and its patents on two genes (BRCA1 and BRCA2), mutations in which are highly correlated with hereditary breast and ovarian cancers. The ruling leaves Myriad as the “exclusive US commercial provider of genetic screenings for the diseases,” reports The Wall Street Journal. The ACLU, who represented the plaintiffs in the case including the Association for Molecular Pathology and College of American Pathologists, noted that Myriad’s monopoly allows it to set the cost of tests (which range from $300 to $3,000, depending on the test) and eliminates the possibility of alternate tests using the same genes.