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Ch. 15 - Gene Mutation, DNA Repair, and Transposition
All textbooksKlug 12th EditionCh. 15 - Gene Mutation, DNA Repair, and TranspositionProblem 24
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Chapter 15, Problem 24

In 2010, a U.S. District Judge ruled to invalidate Myriad Genetics' patents on the BRCA1 and BRCA2 genes. Judge Sweet noted that since the genes are part of the natural world, they are not patentable. Myriad Genetics also holds patents on the development of a direct-to-consumer test for the BRCA1 and BRCA2 genes.

Would you agree with the ruling to invalidate the patenting of the BRCA1 and BRCA2 genes? If you were asked to judge the patenting of the direct-to-consumer test for the BRCA1 and BRCA2 genes, how would you rule?

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Key Concepts

Here are the essential concepts you must grasp in order to answer the question correctly.

Gene Patenting

Gene patenting refers to the legal practice of obtaining exclusive rights to specific genes or genetic sequences. This concept raises ethical and legal questions about ownership of natural biological materials. The ruling against Myriad Genetics highlighted the argument that genes, being products of nature, should not be patented, as this could hinder research and access to genetic testing.
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BRCA1 and BRCA2 Genes

BRCA1 and BRCA2 are human genes that produce proteins responsible for repairing damaged DNA. Mutations in these genes are linked to an increased risk of breast and ovarian cancers. Understanding the role of these genes is crucial for evaluating the implications of their patenting, particularly in terms of public health and genetic testing accessibility.
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Direct-to-Consumer Genetic Testing

Direct-to-consumer (DTC) genetic testing allows individuals to access genetic information without the need for a healthcare provider. This concept raises questions about the accuracy of tests, privacy concerns, and the potential for misinterpretation of results. Evaluating the patenting of DTC tests involves considering consumer rights, ethical implications, and the impact on healthcare.
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Modern Genetics
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Many of the gene products involved in DNA synthesis were initially defined by studying mutant E. coli strains that could not synthesize DNA. The dnaQ gene encodes the ε subunit of DNA polymerase. What effect is expected from a mutation in this gene?
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Textbook Question

In 2010, a U.S. District Judge ruled to invalidate Myriad Genetics' patents on the BRCA1 and BRCA2 genes. Judge Sweet noted that since the genes are part of the natural world, they are not patentable. Myriad Genetics also holds patents on the development of a direct-to-consumer test for the BRCA1 and BRCA2 genes.

J. Craig Venter has filed a patent application for his 'first-ever human-made life form.' This patent is designed to cover the genome of M. genitalium. Would your ruling for Venter's 'organism' be different from the judge's ruling on patenting of the BRCA1 and BRCA2 genes?

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Presented here are hypothetical findings from studies of heterokaryons formed from seven human xeroderma pigmentosum cell strains: XP1 XP2 XP3 XP4 XP5 XP6 XP7 XP1 - XP2 - - XP3 - - - XP4 + + + - XP5 + + + + - XP6 + + + + - - XP7 + + + + - - - Note: + = complementation; - = no complementation These data are measurements of the occurrence or nonoccurrence of unscheduled DNA synthesis in the fused heterokaryon. None of the strains alone shows any unscheduled DNA synthesis. Which strains fall into the same complementation groups? How many different groups are revealed based on these data? What can we conclude about the genetic basis of XP from these data?
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Imagine yourself as one of the team of geneticists who launches a study of the genetic effects of high-energy radiation on the surviving Japanese population immediately following the atom bomb attacks at Hiroshima and Nagasaki in 1945. Demonstrate your insights into both chromosomal and gene mutation by outlining a short-term and long-term study that addresses these radiation effects. Be sure to include strategies for considering the effects on both somatic and germ-line tissues.
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