Today CNN.com published an article detailing a lawsuit by the American Civil Liberties Union, in partnership with Yeshiva University law school, arguing that patents for the human genes BRCA1 and BRCA2 are unconstitutional.

Just to give some background, BRCA (BReast CAncer) 1 and 2 are genes that are associated with hereditary breast and ovarian cancer, and dramatically raise the risk of developing breast and/or ovarian cancer if mutations in the gene are present. Detection of these mutations before cancer develops allows women the (admittedly difficult) choice to undergo prophylactic mastectomy and/or have their ovaries removed and markedly decrease their risk of cancer.

Today the test for the gene mutations can only be performed by the company that holds the patent for the BRCA genes (Myriad Genetics in Utah), and right now any patient wanting the test must pay (or have insurance pay) $3000 for it. Obviously many patients at risk for familial breast cancer will be unable to afford this cost. In addition, a scientist wanting to perform research on these genes needs permission from the patent holder (and presumably needs to be able to pay for it).

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