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Breast and Ovarian Cancer Genes Face Patent Fight

By Susan Elan, WeNews correspondent
Thursday, December 10, 2009

Genetic testing had indicated that Girard carried mutations on two genes known as BRCA1 and BRCA2, placing her at a significantly higher risk of developing hereditary breast and ovarian cancers.

“I wanted validation (of the test) but I couldn’t get a second opinion,” Girard told Women’s eNews.

Myriad Genetics, a company based in Salt Lake City, holds patents that prohibit anyone else from developing alternative diagnostic tests for the BRCA genes. Until the patents expire in 2014 and 2015, its laboratory is the only place in the country where diagnostic testing for the BRCA genes can be performed.

“It doesn’t make sense that a company could patent a part of the body,” said Girard, a plaintiff in a lawsuit charging that patents on the two genes associated with breast and ovarian cancer are unconstitutional and invalid.

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