On June 13, 2013, the Supreme Court ruled on the AMP v. Myriad case and in a landmark decision, invalidated patents on the BRCA genes. BRCA1/2 genes are part of the human genome, and it is well known that certain deleterious variants confer increased risk for breast, ovarian and other cancers. The unanimous Supreme Court decision stated that “naturally occurring DNA segment is a product of nature and not patent-eligible merely because it has been isolated.” The argument brought before the Court was straightforward. The suit charged “that the gene patents violate the First Amendment and stifle diagnostic testing and research that could lead to cures and that they limit women’s options regarding their medical care.”
However, a recent draft proposal to amend Section 101 of the Patent Act would undo the Court’s decision by not allowing for such judicial exceptions related to laws of nature to determine patent eligibility. This legislation has the potential to not only undo AMP v. Myriad but also overturn other similar, important decisions. ASHG, the Association for Molecular Pathology (AMP) and over 200 prominent organizations have signed on to a letter with the American Civil Liberties Union (ACLU) expressing serious concerns with the draft proposal. According to Mary Steele Williams, Executive Director of AMP, “If naturally-occurring DNA sequences, segments or gene-disease associations become patent-eligible again, there would be serious consequences for research and clinical diagnostics.” Patient care costs could skyrocket, as each variant on a gene panel might incur licensing costs. Perhaps even more problematic, genetic testing could become severely restricted or even unavailable. Prior to AMP v. Myriad, patent owners could and did refuse to license. Implications for biomedical research are very serious. Under this proposed legislation, genetic and genomic tests could not be changed or improved upon. The professional organizations are making a strong plea for the sake of patient care and the advancement of science that the “boundaries between nature and technology” should not be blurred (again).
This website (the “Website”) is a service made available by The ObG Project LLC, its partners, affiliates or subsidiaries (“Provider”). This Website provides general information related to the law and is designed to help users safely cope with their own legal needs. This website does not provide legal advice and Provider is not a law firm. None of our customer service representatives are lawyers and they also do not provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between you and Provider or any of our representatives.
This website is not intended to be a source for legal advice, and thus the reader should not rely on any information provided in this website as such. Readers should not consider the information provided to be an invitation for an attorney-client relationship, and should always seek the advice of competent counsel in the reader’s home jurisdiction. Provider may provide links to third party websites. These links are provided only as a convenience. Linked websites are not reviewed, controlled or examined by Provider and Provider is not responsible for the information, advertising, products, resources or other materials, of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement by Provider. In addition, please be aware that your use of any linked site is subject to the terms and conditions applicable to that site. Please direct any questions regarding linked sites to the webmaster of that site.
OBG Project CME requires a modern web browser (Internet Explorer 10+, Mozilla Firefox, Apple Safari, Google Chrome, Microsoft Edge). Certain educational activities may require additional software to view multimedia, presentation, or printable versions of their content. These activities will be marked as such and will provide links to the required software. That software may be: Adobe Flash, Apple QuickTime, Adobe Acrobat, Microsoft PowerPoint, Windows Media Player, or Real Networks Real One Player.
Disclosure of Unlabeled Use
This educational activity may contain discussion of published and/or investigational uses of agents that are not indicated by the FDA. The planners of this activity do not recommend the use of any agent outside of the labeled indications.
The opinions expressed in the educational activity are those of the faculty and do not necessarily represent the views of the planners. Please refer to the official prescribing information for each product for discussion of approved indications, contraindications, and warnings.
Participants have an implied responsibility to use the newly acquired information to enhance patient outcomes and their own professional development. The information
presented in this activity is not meant to serve as a guideline for patient management. Any procedures, medications, or other courses of diagnosis or treatment discussed or suggested in this activity should not be used by clinicians without evaluation of their patient’s conditions and possible contraindications and/or dangers in use, review of any applicable manufacturer’s product information, and comparison with recommendations of other authorities.
Jointly provided by
NOT ENOUGH CME HOURS
It appears you don't have enough CME Hours to take this Post-Test. Feel free to buy additional CME hours or upgrade your current CME subscription plan