BRCA Patents Struck Down

Myriad Genetics is a company that owns the patent on the BRCA1 and BRCA2 genes - tumour suppressor genes involved in breast (and other) cancer heredity, and important for genetic testing. This is pretty lucrative for the company since it means they control diagnostic testing based on these genes. As Bayman has written before they've been highly defensive of these patents and restrictive of the tests, threatening to sue provinces that offer BRCA screening other than Myriad's own BRCAnalysis and demanding that patient samples be sent to their Utah headquarters.

Gene patents are great for the companies that own them, but can be problematic for patients who might need these tests and researchers trying to investigate disease. Around 20% of the human genome is 'owned' by some other interest, but the tide is beginning to turn. A ruling yesterday by a New York federal judge has overturned Myriad's BRCA patents, a ruling that will no doubt affect the status of other gene patents.

The key aspects of the ruling is that 1) the patented material - the isolated BRCA1/2 DNA - is "not 'markedly different' from native DNA and is therefore not patentable under US law and 2) the method - BRCA1/2 sequence analysis - is not patentable.

This is good news for consumers (i.e. patients), researchers and a different set of corporate interests (eg. genetic testing services like 23andMe), though there will inevitably be an appeals process before the dust settles and we know for sure where patents like these stand.

Read the full, 156-page, ruling here (there's some interesting stuff in there) and further commentary at The Questionable Authority and Genetic Future.

How to make a sandwich

McDonald's tries to patent the greatest thing since sliced bread. Click picture to enlarge.

(h/t: Greg Laden)

IgNobel candidate?

Leaked to the bayblab from our very own ottawa/hull patent office. Now I have fully restored the poo/sex content to the bayblab:

My product is a device composed of a cotton like material it is cylindrically shaped and bears small perforations whereby an agreable scented powder or perfume may exute it's odor.
My product bears roughly the same dimensions of "TAMPON".
My product is went to be wedged between the cheeks of the buttock.
My product illiminates anal itching due to sweat accumulation and residual of human excrement due~~~~ improper or insuffient wiping of the anus after having gone to the washroom.
My product absorbs excess anal sweat, creates a dry comfort zone
My product illiminates embarrassing flatulance sounds.

Gene Patents

Coward's recent post about prestin got me thinking about gene patents and how they work. While I couldn't find a decent overview of Canadian guidelines at the Canadian Intellectual Property Office, I did come across 2 other good resources. The first is a summary of British gene patent information and the other is an excellent FAQ from the Human Genome Project. The rules are pretty similar. Basically, to patent a gene:

1) it must be a novel sequence
2) you must specify the gene product
3) you must specify the product function

The last two points are key, as they prevent the massive patenting of sequences and sitting on the rights until somebody else comes up with a practical application (see: submarine patents).

Interestingly, ESTs and SNPs can also be patented which means there is the potential for multiple patents on the same sequence. Whole organisms can also be patented, provided they are not naturally occurring (GM corn, for example), as can naturally occurring substances, as long as a novel use can be specified.

Currently an estimated 20% of human genes have been patented, but fortunately the government reserves the right to override patents in cases where it is deemed vital for the public good and the patent holder is being overly restrictive. For example, the American Medical Association has asked for a ban on patents for medical and surgical procedures, or, closer to home, the Ontario government ignored a US patent on a cancer screen and offered the test to the public. Similarly, the BC government complied and stopped, but has since resumed offering the test.