Policy Archive
Successful Effort
Supreme Court Rules Gene Patents Unlawful

In 2009, the American Civil Liberties Union (ACLU) filed a lawsuit challenging Myriad Genetics' patents on the BRCA genes. On April 15, 2013, the U.S. Supreme Court heard oral arguments, and ultimately ruled unanimously that the patents on the BRCA1 and BRCA2 genes were invalid. This landmark ruling represented the culmination of the legal tug-of-war between Myriad and the plaintiffs, including the ACLU as well as individual, advocacy, and healthcare professional groups.
FORCE strongly supported the stance that exclusive gene patents had negative effects on the scientific, medical and patient communities, and filed an Amicus (Friend of the Court) brief on behalf of the plaintiffs. In addition, a FORCE representative testified before the U.S. Patent and Trademark Office and served as an expert witness on how the exclusive BRCA gene patents influenced research and access to care.
The abolishment of gene patents has fostered competition and substantial growth in the genetic and genomic testing marketplace. Costs for genetic testing have plunged while the growth of multigene panel tests has accelerated quickly enabling the identification of individuals who carry not only BRCA mutations, but also many "new" genetic mutations which cause increased risk of breast, ovarian, and related cancers. In addition to allowing more high-risk individuals to be proactive with their health, the new landscape is fostering a more personalized approach to cancer treatment with the development of therapies that target tumors based on their unique biology.
News Briefs
02/25/2025 - Called on Congress to prioritize robust funding for the National Institutes of Health (NIH) in the FY2025 appropriations bill and to preserve protections against reimbursement cuts for NIH grantee Facilities and Administrative costs.
02/24/2025 - Joined hundreds of orgs in thanking lawmakers for advancing the availability of healthcare through telehealth and asking congressional leaders to establish permanent or long-term telehealth access.
01/30/2025 - Urged the President to recognize March 2025 as National Colorectal Cancer Awareness Month and to light the White House blue to honor those we have lost and those fighting this disease.
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