Myriad breast cancer genes can be patented: US Court

An federal appeals court ruled in favor of Myriad Genetics after a legal battle to whether the US company could keep his patent on genes an inherited form of breast cancer associated.

The ruling overturns a lower court ruling and allows the Utah-based company, isolated called maintain its patents on genes BRCA1 and BRCA2, despite complaints by rights groups, who say it an unfair monopoly and women's health choices limited.

The US Court of appeals for the Federal Circuit ruled that such patents on isolated DNA molecules, in accordance with the patent and Trademark Office (PTO), in the last 29 years "longstanding practice" could take place.

The 2-1 decision also said that the company can patent not five largely framed processes the compare or the analysis of DNA sequences, because they were "abstract mental processes."

Myriad spokeswoman said however, that aspect of the judgment of the company capability for the isolated gene test not hurt.

"Our intellectual property position today is otherwise placed as before the ACLU (American Civil Liberties Union) even in that case," said Rebecca Chambers, head of investor relations, AFP.

She said the company has explained yet 232 claims, procedures or steps, just to test, "as part of 23 patents, that describe how we go about doing the BRAC analysis test, who were not even part of this complaint."

Backed by pharmaceutical company Eli Lilly, myriad received a number of US patents in the 1990s on two generations-BRCA1- and BRCA2-associated with strong hereditary forms of breast and ovarian cancer in women.

According to the National Cancer Institute develop 12% of women in the general population breast cancer in their lifetimes, compared with 60 per cent of women who have inherited mutations in BRCA1 or BRCA2.

Can 1.4 percent of the women in their lifetimes with ovarian cancer but the number is growing at 15-40 percent of women with the BRCA1 or BRCA2 mutation are diagnosed.

The myriad patents means the company has "exclusive right to the genes BRCA1 and BRCA2 diagnostic tests to perform and to prevent that all researchers receive only a look at the genes without first permission from myriad", ACLU, said a statement.

A major complaint in the lawsuit, in 2009 by a coalition of patient advocacy and medical groups represented by the ACLU was submitted, that the company exercised too much control over the tests and costs.

"Myriad makes it impossible for women or a comprehensive second opinion to obtain results to access alternative tests monopoly on the BRCA genes." It also countless, a high price for their can calculate, "ACLU Attorney Sandra Park AFP" said.

The ACLU was consulting with its customers and would they decide soon, or for the federal circuit appeal to the full 12-member Court of appeals to Court of Justice, said the matter to the Supreme.

Analyst Robert Cook Deegan of the Institute for Genome Sciences and policy at Duke University in North Carolina, said that he expected that the dispute over whether DNA is human something patented and owned would continue.

"This is probably not the last stage in this game," he said. "The fact that all three judges gave very different lines of reasoning me suggests that it will be a new round to go, to be."

When the matter of Supreme reaches court, he said that the result would be "very unpredictable."

But Friday's ruling was expected, that to make some waves in the biotechnology industry or on the US stock market.

"The impact of the federal circuit decision in the myriad case on the biotech industry should be minimal," said biotech intellectual property lawyer Roberte Marie Makowski.

"At least this decision provides a level of patents existing security for the industry and research efforts at the moment."

Biotech company began the patenting of genes and the genetic material in the 1980s. More than 20 percent of the 24,000 human gene patents have been granted since then in the United States.

A gene within the human body cannot be patented. But after he is identified, removed and isolated, a company can apply for exclusive rights, use it for commercial purposes.

Only a few country-including Brazil and Chile-allow no patents on genes in any way.

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