Back when this patent was given it was done to protect the research and development areas to recoup their investments, but today as things are changing rapidly, not only in genomics, but in medical devices and with drugs too, the long standing patent protections are coming under fire. If you read here often enough there’s a lot of posts about patent wars. One example is Johnson and Jonson with Boston Scientific with “stent wars” and the millions spent on this, not to mention the 
billions awarded with violations. Does the average patient care – no. A patient just wants to be able to afford the care, device and medication.
Myriad's BRCA (DNA Breast Cancer) Patent Ruled Invalid Today – US Patent and Trademark Office Also Off the Hook
This could open the door for other companies to enter the market. Up until this decision, Myriad was the only company worldwide that could perform the DNA genetic analysis test and the cost was around $3000.00. Additional pressure was given by the insurance industry for patients to have the test as well. By one company not having a monopoly, this can open the door for additional break throughs and further the treatment of both breast and ovarian cancer by having the information to build upon.
In the case of Myriad, technology and advancements have changed so rapidly that the patent is now prohibiting the advancement of new research and potential cures and targets. The test is around $3000.00 and insurance companies are now balking too about paying. In the video you hear about how in Europe some are ignoring the patent and women are getting tested for around $300.00 instead.
What do I keep saying is that we have a new left curve every day with technology, here’s a good example that financials are also being disrupted in structure as well, so what do we do, keep the patent and sit and wait on progress? I don’t think we are a world today that’s going to take that for an answer. One pharma company that is in court challenging and winning a lot of patent cases is Teva. They have done a pretty good job with some of them and let’s face it, patents may not be all but gone, but the length of time is certainly non sustainable with today’s fast evolving world of technology and Health IT with an unstable economy. BD
Related Reading:
Myriad Unveils Prolaris Genetic Test To Predict Prostate Cancer Recurrence
Patented Genes - 60 Minutes - CBS News
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