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Supreme Court Rules Gene Patents Unlawful
In 2009, the American Civil Liberties Union (ACLU) filed a lawsuit challenging Myriad Genetics' patents on the BRCA genes. On April 15, 2013, the U.S. Supreme Court heard oral arguments, and ultimately ruled unanimously that the patents on the BRCA1 and BRCA2 genes were invalid. This landmark ruling represented the culmination of the legal tug-of-war between Myriad and the plaintiffs, including the ACLU as well as individual, advocacy, and healthcare professional groups.
FORCE strongly supported the stance that exclusive gene patents had negative effects on the scientific, medical and patient communities, and filed an Amicus (Friend of the Court) brief on behalf of the plaintiffs. In addition, a FORCE representative testified before the U.S. Patent and Trademark Office and served as an expert witness on how the exclusive BRCA gene patents influenced research and access to care.
The abolishment of gene patents has fostered competition and substantial growth in the genetic and genomic testing marketplace. Costs for genetic testing have plunged while the growth of multigene panel tests has accelerated quickly enabling the identification of individuals who carry not only BRCA mutations, but also many "new" genetic mutations which cause increased risk of breast, ovarian, and related cancers. In addition to allowing more high-risk individuals to be proactive with their health, the new landscape is fostering a more personalized approach to cancer treatment with the development of therapies that target tumors based on their unique biology.
News Briefs
4/3/2024 - Submitted comments to Senator Cassidy and the HELP Committee in response to an RFI regarding oversight of clinical diagnostic tests, known as in vitro diagnostics (IVDs) and laboratory-developed tests (LDTs).
3/15/2024 - Joined the Coalition to Increase Access to Cancer Care (CIACC) in comments to House leadership on efforts to strengthen the Employee Retirement Income Security Act (ERISA) and emphasize the need to pass the Cancer Drug Parity Act.
3/1/2024 - Provided feedback to CMS on the Medicare Advantage Advanced Notice and accompanying Part D Redesign Program provisions aimed at reducing and managing beneficiary out-of-pocket costs in the Medicare Part D program.
2/29/2024 - Wrote sponsors to endorse the BENEFIT Act, which would require the FDA to include in the benefit-risk assessment framework of a new drug application how patient experience data was considered in the review process.