Against these patents were the American Civil Liberties, the Public Patent Foundation, and the Association for Molecular Pathology. These groups argued that genes are a product of nature and therefore not patentable. Opposing these arguments, Myriad Genetics and its allies countered that patenting of scientific findings is a long tradition and that preventing these patents would stifle future scientific research.
Myriad Genetics was able to maintain their patent and in the meantime collect new data on the BRCA1/2 genes. The BRCA1/2 genes are very large, the protein products of which are approximately 220 and 380 kilodaltons while most other protein products are less than 100 kilodaltons. Because of their size and nature, they can carry a diversity of mutations which each confer its own risk. Since Myriad Genetics were the sole proprietors of BRCA sequencing, they were able to collect incredible amounts of data on these genes, during which they charged patients over $4000 per assay (a tiny fraction of which is actual materials cost). Myriad Genetics used the data they collected to refine risk assessments of BRCA1/2 mutations. Once collected, this data was owned by Myriad Genetics and entirely out of the hands of the patients.
Myriad Genetics’ hold on BRCA1/2 was loosened, however, in 2013 when the U.S. Supreme Court ruled, in Association for Molecular Pathology v. Myriad Genetics, that “genes and the information they encode are not patent eligible”. During the case, Myriad Genetics argued that one of their patents does not cover the genes themselves, but analysis of these genes. The Supreme Court ruled against Myriad Genetics on this matter as well, stating that this technique is “well understood” and widely used. Indeed, isolation and sequencing of DNA is one of the most basic molecular biology techniques and of which undergraduates learn in teaching labs.
Despite the loss of Myriad Genetics in this case, the company still maintains control of the data and massive resources they have accumulated over the years. The story of BRCA paves the way for governments to loosen the control of private industry over patient data.