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View Diary: Today We Take Back Our Genes (19 comments)

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  •  I do not agree with this (2+ / 0-)
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    Roadbed Guy, Avila

    assertion. Companies, like Myriad, are not "patenting your genes." They are patenting a type of commercial test, meaning that - for a time - they can prevent another commercial entity from selling a test. There is nothing that prevents anyone from doing the test so long as they are not selling it. Thus, an academic lab is quite free to sequence the genes in question. On that basis, the ACLU is mis-stating the issue. One might ask the ACLU if they object to patents in general. If they do not, then on what basis do they restrict their objections to a specific use of a specific gene being patented, without resorting to specious claims regarding some broad "ownership of genes", clearly not what the basis of the patent claims.

    Fructose is a liver poison. Stop eating it today.

    by Anne Elk on Wed Feb 22, 2012 at 12:44:44 PM PST

    •  Yeah, isn't that just about the craziest thing (1+ / 0-)
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      you've ever read at this site?

      I know it is for me (and for context, I DO read all of my own posts!!)

    •  So you think its a good idea for one commercial (1+ / 0-)
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      entity to control all the testing and research done for a particular gene.  You believe that this type of patent is in the public interest?  

      From the complaint, it seems Myriad has been rejecting some people's insurance.  Thus, to get the testing done, people have to pay out of pocket.  But they aren't allowed to shop around for this important healthcare - its either pay Myriad prices or risk death.  What public interest does this serve?  

      •  Gee there's a couple of things there (2+ / 0-)
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        Roadbed Guy, Avila

        that need a response. First, the Myriad patent probably does mean that the test they patented is protected for about 17 years. But it's not the only way to determine if you are BRCA1 or BRCA2 mutant. With whole genome sequencing getting down below $1000, you can get a whole lot of genetic info. But, unless you believe that no one should've able to patent anything derived from nature, I am not sure what it is you are really suggesting. Myriad did a public good by investing in development of a valuable test. In order to incentivize these good efforts, the Congress set up patent law. Would you prefer we did not have such tests? BTW, over 70 new diagnostic tests come on the market every year. Myriad is just one player.

        As to the insurance issue, we all know that the health care system sucks in the USA. But I am surprised that the manufacturer of a test kit is having to deal directly with patients as I would imagine this would go through a clinical lab.

        Fructose is a liver poison. Stop eating it today.

        by Anne Elk on Wed Feb 22, 2012 at 08:26:02 PM PST

        [ Parent ]

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