Monday, March 29, 2010

End of Gene Patents?

With the NY district court ruling in ACLU v USPTO/MYGN it appears clear that the bar for gene patents is super high and most will likely not reach it. Does this mean the end of gene patents or even just the BRCA1/2 patents?

No, but it is the beginning of slipshod sequencing and a whole host of labs testing for BRCA1/2 sequences. It is also the making of a SCOTUS case.

But here's why I think Myriad STILL is the gold standard.

A. They have the experience doing this testing
B. They have the infrastructure to handle national samples
C. They have the ability to analyze rare variants best. Why? They have the samples.....

That being said, could Quest or LabCorp begin BRCA testing? Yes and they would do a hell of a job.

One thing is for certain, Myriad will have a hard time justifying that 3120 USD price tag.

If you have MYGN maybe a short is in store?

The Sherpa Says: Myriad is how a genetics lab should be run, except for the outrageous price.

1 comment:

Andrew Y said...

Myriad has their medical office sales channel. They also have the backing of the Mormon community, which means a legal, capital, and talent haven for their operations.

I think that, at the time, the Myriad patents were reasonable. Our understanding of the world progressed, and now they are not appropriate.

I disagree that Myriad of 1980s and 1990s is how a genetics lab should be run in 2010s. Genetics labs will be run more like a collection of interconnected, short half-life high technology software firms with a few major distribution and marketing companies and a few major regional medical centers associated with a few particular universities who serve as "home base." That is my prediction.