FLICKR, BRIAN TURNER
Myriad Genetics, a Utah-based molecular diagnostic company, can keep its patents the BRCA1 and BRCA2 genes, mutations in which are associated with most inherited forms of breast and ovarian cancers.
The company patented the genes in 2000 and 2001, after developing a genetic test based on them. But in May 2009, Myriad was sued by the American Civil Liberties Union, which claimed that patenting human genes was unconstitutional, as it could inhibit medical practice and research efforts.
In March 2010, a New York federal court ruled that the patents were invalid. Today (July 29), a US federal appeals court overturned that decision, arguing that the company has the right to patent both genes because it is testing for specific mutated forms of the genes that ...
