Myriad Genetics’ patents on the BRCA1 and BRCA2 genes, which indicate a greater risk of breast and ovarian cancer, are not valid, potentially making genetic tests more affordable. In a rare unanimous decision, the Supreme Court ruled today that naturally occurring pieces of human DNA cannot be patented. The justices found that Utah-based biotech company Myriad Genetics’ patents on the BRCA1 and BRCA2 genes fell outside the scope of the U.S. Patent Act, which states that “laws of nature, natural phenomena, and abstract ideas” are “basic tools of scientific and technological work.” “Myriad did not create anything,” Justice Clarence Thomas wrote in the court’s 18-page decision. “To be sure, it found an important and useful gene, but separating that gene from its surrounding genetic material is not an act of invention.” The court did, however, rule that Myriad’s patents on the specific process they used to isolate the BRCA genes and on a man-made version of genes, called cDNA, fall within patent guidelines. Myriad lawyer Gregory Castanias argued that because the process of isolating the genes required hard work and ingenuity the resulting genes should be patent protected. The court did not accept this argument, but, by allowing for patents on other parts of the process, the court did recognize the need to encourage companies to invest money in research and development for genetic diseases.

How the Ruling Will Affect Woman Everywhere Mutations on the BRCA 1 and 2 genes can greatly increase a woman’s chances of developing breast and ovarian cancer. Last month, actress Angelina Jolie discovered through genetic testing that she carries a high-risk BRCA mutation and underwent a preventative double mastectomy. She also plans to have her ovaries removed. Myriad says that about seven percent of breast cancer cases and 15 percent of ovarian cancer cases are caused by mutations on the BRCA1 or 2 genes. According to Myriad, patients with BRCA mutations have “risks of up to 87 percent for breast cancer and up to 44 percent for ovarian cancer by age 70.” Jolie’s doctors put her risk at 87 percent for breast cancer and 50 percent for ovarian cancer. Until today, Myriad was the only company legally allowed to study and test for mutations on BRCA 1 and 2. The American Civil Liberties Union (ACLU) and the Association for Molecular Pathology, who originally brought the lawsuit against Myriad in 2009, argued that gene patents discourage scientific research and that by giving one company the exclusive right to test for these mutations, the test could be made prohibitively expensive. Jolie agreed. “It has got to be a priority to ensure that more women can access gene testing and lifesaving preventive treatment, whatever their means and background, wherever they live. The cost of testing for BRCA1 and BRCA2, at more than $3,000 in the United States, remains an obstacle for many women,” Jolie wrote in a New York Times editorial. “I choose not to keep my story private because there are many women who do not know that they might be living under the shadow of cancer,” she added. “It is my hope that they, too, will be able to get gene tested, and that if they have a high risk they, too, will know that they have strong options.” The ACLU applauded the court’s ruling, expressing their hope that by allowing other researchers to study the genes, someone will soon develop a faster, cheaper, and more sensitive test for these cancer-causing mutations. “We celebrate the Court’s ruling as a victory for civil liberties, scientific freedom, patients, and the future of personalized medicine,” said attorney Sandra Park of the ACLU.