In 1994 a British research team discovered BrCa2, the "second breast cancer gene", which is in the process of being mapped out or "sequenced". The presence of the gene is linked to susceptibility to the cancer.
Prof Mike Stratton, who heads the Institute of Cancer Research team in London, has devised stringent restrictions for any applications associated with the discovery of BrCa2. The team was aware that business could be drummed up by creating public concern over the cancer gene.
The restrictions mean that tests for the second breast cancer gene will be provided only for people referred by a clinical expert in familial breast cancer management who provides full counselling.
The irony is that the team was forced down the path of patenting the newly-discovered gene. The US-based team which discovered the first breast cancer gene, BrCa1, had already patented its discovery, with commercial intent.
The reason behind the move to patent BrCa2 was that any effective diagnostic test for the presence of the "second breast cancer gene" would have to involve both genes.
Equally, defending a gene patent against exploitation by other interests is expensive, and Stratton's research funder, the charity Cancer Research Campaign, did not feel it could use its money in defending the discovery.
Prof Stratton told the Independent on Sunday that trying to return science to an unpatentable Eden was a non-starter, despite his reservations about current arrangements. He considered patents to be abhorrent until he realised it was the only way to retain some control of a sensitive clinical tool.
