If enacted, a single patent holder could control all research and clinical evaluation associated with a gene or biomarker, and create a monopoly in which they are the sole provider of testing.
The Supreme Court has consistently held that laws of nature, natural phenomena, and abstract ideas are not patent-eligible under the Patent Act. These decisions profoundly affected families throughout the country, ending a monopoly on the BRCA genes, which occur naturally in the human body. The link between BRCA gene mutations and heritable cancer syndromes was discovered and patented in the mid-1990s. Myriad’s monopoly on these genes resulted in exorbitant costs and a lack of competition, ultimately hindering access to critical health information for many patients.
Current law promotes innovation and competition by ensuring that the fundamental building blocks for invention cannot be monopolized. Patent reform is not needed. Genes/DNA should not be eligible for patents.
Ask your lawmakers to oppose PERA and the patenting of genes!