US politician calls for mandatory licensing on Myriad’s cancer tests

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

US politician calls for mandatory licensing on Myriad’s cancer tests

A senior politician has called for the US government to force genetics company Myriad to license its patents to ensure greater public access to testing for breast and ovarian cancer

Senator Patrick Leahy sent a letter on Friday to Francis Collins, director of the National Institutes of Health, urging him to use “march-in rights” under the Bayh-Dole Act on Myriad’s patents covering the BRCA1 and BRCA2 genes, which can be used to screen for certain types of cancer.

The move comes after the Supreme Court’s mixed ruling in June in Association for Molecular Pathology v Myriad Genetics. The Court ruled that isolated and purified DNA is a naturally occurring phenomenon and therefore ineligible for patent protection, but synthetically created complementary DNA (cDNA) is eligible for patent protection.

In his letter, Leahy argued that Myriad’s patents were partially based on research funded by the US government. Prior to the Supreme Court’s decision, other companies were unable to offer the tests because of Myriad’s patent. Myriad charges between $3,000 and $4,000 for the tests.

Since the Supreme Court’s decision, several competitors have begun to offer the tests. Myriad has sued two of these rivals, Ambry Genetics and Gene by Gene, arguing that they infringe other Myriad patents not invalidated by the Court.

The Bayh-Dole Act allows private companies to claim the rights to inventions created with federal funds, generally without reimbursing the government, but grants the government “march-in rights” to require the patent holder to grant a licence on reasonable terms. If the patent holder refuses, the government can directly license the patent in certain circumstances.

“The health benefits of genetic testing for breast and ovarian cancer are clear,” wrote Leahy. “The healthcare cost savings are also clear.

“I am concerned, however, that the health needs of the public are not reasonably satisfied by the patentee in this situation because the testimony presented to the USPTO made clear that many women are not able to afford the testing provided by Myriad.”

more from across site and SHARED ros bottom lb

More from across our site

Sim & San, which secured the $16m victory for their client, previously led Communications Components Antenna to a $26m damages win in 2024
IP litigator Ruth Hoy has led the London office since 2022
Emotional Perception AI is seeking more than £200,000 after the UK Supreme Court backed its appeal
Lawyers at Pinsent Masons discuss why the advent of ‘AI-free’ might be a crucial moment for brands seeking to protect their identity
Newly independent King & Wood has established offices in North America, while Mallesons has entered a ‘new era’ with a 1,200-lawyer firm across Australia and Singapore
Ryan Dykal and John Wittenzellner of Boies Schiller Flexner tell Managing IP what’s driving the firm’s patent litigation expansion
News of Dolby suing Snap over AV1 and HEVC patents and SCOTUS offering guidance on the liability of internet service providers were also among the top talking points
Arrival of Caitlin Heard will bolster the soon-to-be-created Ashurst Perkins Coie’s IP presence in the capital
AI, cybersecurity and data practice group will provide clients with legal guidance around AI alongside a 'deep technical foundation’ in IP
Lawyers at Vondst and Biopatents say a ruling concerning the protected status of trade secrets could see the UPC flooded with requests to prevent access to confidential information
Gift this article