A U.S. federal appeals court affirmed the right of Myriad Genetics to patent two genes linked to breast cancer, overturning a lower court ruling that threatened a key element of the biotech business. The U.S. Court of Appeals for the Federal Circuit in a ruling on Friday backed Myriad's right to patent two "isolated" human genes -- BRCA1 and BRCA2 -- that account for most inherited forms of breast and ovarian cancers. Women who test positive using Myriad's gene test, called BRACAnalysis, have an 82 percent higher risk of breast cancer and a 44 percent higher risk of ovarian cancer in their lifetimes. Some groups have protested that patenting human DNA is immoral and unethical and impedes genetic research. But attorneys representing biotechnology companies expressed relief, saying the lower court's decision, if left standing, could have been potentially devastating to the industry.
