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

After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Brantsandpatents is seeking to boost its expertise across key IP services in the Benelux region
Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Hady Khawand, founder of AÏP Genius, discusses creating an AI-powered IP platform, and why, with the law evolving faster than ever, adaptability is key
UK firm Shakespeare Martineau, which secured victory for the Triton shower brand at the Court of Appeal, explains how it navigated a tricky test regarding patent claim scopes
The firm’s managing partner said the city is an ‘exciting hub of ideas and innovation’
In our latest podcast, Deborah Hampton talks through her hopes for the year, INTA’s patent focus, London 2026, and her love of music
Tech leads at three IP service groups discuss why firms need to move away from off-the-shelf AI products and adopt custom solutions
Gift this article