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Dr. Harry Ostrer, a genetics and pathology professor at the Albert Einstein College of Medicine, says that genes "are inventions of nature. They are not inventions of people."
But for more than 20 years, companies have been patenting genes. One company, Myriad Genetics, has held the patent on the BRCA1 and BRCA2 genes that put women at higher risk for breast and ovarian cancer.
That is, until last week, when the U.S. Supreme Court unanimously ruled that human genes can't be patented, even when removed from the body.
"It really opens the door with regards to science, discovery, genetic testing," says "If I had a better way of doing testing in your BRCA1 and 2 genes, why shouldn't I be able to offer it to you? Faster, cheaper, better."
Ostrer was an original plaintiff in the case against Myriad. The ruling means he and his team can now move forward with their research.
"We have designed a breast cancer panel," he says. "It has to include BRCA1 and 2 because we want to look at all of those risk genes that increase a woman's risk for developing breast and ovarian cancer."
It also means that hospitals like Montefiore may no longer have to send their gene samples out to certified providers to test the patented genes.
"If we start bringing those tests in house, then we will be able to offer them at lower cost, and therefore, bring down the cost of health care for people here in the Bronx," Ostrer says.
The ruling is also good news for traditionally underserved communities. It could mean the expansion of research into genetic risk factors particular to certain ethnic groups.
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Supreme Court Ruling To Have Significant Impact On Genetic Testing