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Myriad Genetics, for example, used its patent over a gene that served as an indicator of breast cancer to stop research on it at the University of Pennsylvania.

This one seems a bit far-fetched. Academic research is explicitly allowed on patented genes. I'm allowed to tinker with the patented item in my home, so long as I don't aim to sell what I do, or otherwise compete with the patent-holder. Of course, if I do find some breakthrough, I can always contact the company (or other companies that licensed their patent) and work something out.

The thing to keep in mind is that patents only last 20 years (medicine patents only last 7). A rational company is not going to hold out for an astronomical amount of money to test for this gene or that just because it owns the patent. It may ask for an irrational amount if it's going broke and is hoping for a savior. Unfortunately Myriad has the public perception of being a bit irrational with its BRCA2 test (a gene that my girlfriend probably has; at least she's fortunate enough that she can extract her own DNA and get it sequenced, then do a little lithography to find out if she really does).

I'm going to go and defend Myriad a bit, though, and use numbers to do so. Not because I like them (I don't...it would be nice if my girlfriend could get a BRCA2 test done without fear of being caught). Still, I'm going to defend them, and in a far more convincing way.

Take a look at their 2006 financial report. Ignore the part about how much revenue they generated, because that's just shareholder BS. The point is this: they've been operating at a NET LOSS since 2002. It's right there in the brochure that they wrote. Page 18. Yep, $100 million in revenue. Oops, $159 million in research and marketing expenses. Yes, clearly they are a big greedy corporation that are charging too much for my girlfriend to get her BRCA2 test...they're not even turning a profit! If we got rid of patents, you could change their revenue to $0 and see that they would have lost ~$150 million last year. They'd have gone belly-up in 2002 and never would have even discovered BRCA2.

The skinny is, they spend WAY MORE doing research than they earn from patents (or anything else). The only reason they stay afloat is that they keep dumping stock on the public, and people keep buying it (page 23, "Cash, cash equivalents, and marketable investment securities increased $113.9 million or 100% from $113.8 million at June 30, 2005 to $227.7 million at June 30, 2006. This increase is primarily attributable to the public offering of $139.7 million (net proceeds) of our common stock in November 2005.")

Myriad's shareholders are kind of the unsung heroes of people at high risk of breast cancer -- maybe we can't have free BRCA2 tests tomorrow, but in a few years when the patents expire, even men will afford to get tested for it.

Not to be dripping with sarcasm, but again, clearly they're a big, greedy, corporation.

"Major hepatitis C and HIV genes and various diabetes genes are all owned," Crichton, an M.D., tells us. "Researchers working on those diseases must worry about getting permission and paying high fees." During the SARS epidemic, he says, some researchers hesitated to study the virus because three groups claimed to own its genome. "It's OK to own a treatment or test for a disease, but no one should own a disease," he insists.

Look at what Crichton doesn't tell us. He uses the dreaded, "Some researchers hesitated," but won't say who, won't quote them, and won't say how much the holding companies wanted. Or who owns the diseases (let alone how much it cost those companies to do the sequencing on the diseases). He fails to back up his article with anything like numbers. Has he tried calling the companies? Have you? If so, what do they charge? I think if we did more research like Myriad's financials, we'd find that most genetics/pharma are in the same boat.

Gen

Oops. That would be Myriad Genetics, the buggers who patented a breast cancer indicator and want lots of $ to test for it.

In fact, I know at least one biologist/scientist with a certain company that drives a Ferrari. Additionally, there is some other rather nice hardware in the parking lot whenever I drive by which is well deserved and hard-earned as this company is one of the hotter ones in the biotech industry with more than a little talent there.

• Fact: Breast & Skin Cancers could be considered epidemics.
  (see the Myriad Genetics genetic tests page for their other tests)
• Fact: Said cancers could be considered a threat to the public.

(IIRC)- If it is considered to be in the best interest of public health, the CDC has the authority to do it, not withstanding the US Constitution or any other US laws.

Things in that arena are bound to go the route that plagues the technology sector as well regarding patents, I can see it now. Why in the world is there a need to patent a gene, its not an invention, nor is it one person's creation. The ethics regarding this are scary.

Example, take the company who patented the Breast Cancer Gene (Bionomics), they've been charging scientist exhorbitant fees to allow the scientists wanting to study cures for breast cancer. Sure they should get recognition, maybe even cut a deal with the scientist who discovers the cure, but to halter research over patenting is silly as hell.

Other companies have taken that same approach towards gene research, which begs questioning by some committee whether its humane for these guys to play with life versus making a quick buck. Anyone here in North America notice how many people are going into Canada for medication as a cause by these companies and their outrageous prices for medicine? Or the Southern Americans crossing into Mexico.

So what's going to happen when "Open Source" biometrics companies start fighting against companies like Human Genome Sciences when they really start monopolizing research, by withholding very important research material? Are we going to suffer because of capitalism...

slightly off topic I know but I see no reasons why the whole area of genomic science shouldn't be "open sourced"

are patented already. On 60 minutes last Sunday, there was a story about Myriad Corporation. This company owns the sequence to most breast cancer genes. ie - They were granted Patents to your genes.
I know most slashdots readers are male, but it's easy to see the problems with a corporation having patents on your genes. Very scary.

Yes, this means that, in the future if you wish to see if you are inclined to some sort of cancer, you will have to pay licensing royalties just to take a peak at your own genes.

Hopefully, the mass ignorance going on over at the patent office will be stopped.