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

IP firms say they have been educating some clients on AI use, with ‘knowledge-sharing’ becoming more prevalent
As the US patent system tilts further toward favouring patent owners, firms with a strong patentee focus can get ahead of the game
Amanda Yang and Rachel Tan at Rouse and Landy Jiang at Lusheng Law Firm provide an overview of the draft amendments to China’s trademark law
News of EIP launching an AI platform and a trade secret blow for TCS in the US were also among the top talking points
The four-partner addition includes A&O Shearman’s former co-head of global IP litigation
A settlement involving Disney and another ruling concerning a lawyer’s request for access to documents were also among the big developments
Merchant & Gould's managing partner explains why the firm launched a Boston office and why it brought on board a local boutique
The model covers court-guided settlements, submissions-led determination of infringement and validity issues, and provides leeway for the court to determine a FRAND rate during negotiations
Tie up between Belgium-based firms will create an outfit with almost 30 UPC representatives, and a tier one-ranked patent disputes team
Blank Rome’s launch in West Palm Beach, marked by the arrival of two IP partners, comes in response to rising demands from technology clients
Gift this article