On Tuesday I saw an amazing story that also ran in the New York Times about five cancer patients who -- along with professional organizations of pathologists and several individual pathologists and genetic researchers -- are suing the Patent Office and Myriad Genetics over the breast cancer gene.

The problem is that ten years ago the Patent Office let Myriad Genetics patent not only the test for the BRCA 1 and BRCA 2 gene mutations, but for the actual genes themselves. This means Myriad Genetics is the only company in this country that can do the test. The lack of competition means that they can charge whatever they want ($3000) and that there is no way to get a second opinion. Researchers have also been limited by what they can do. In fact, much of the new research on these genes has come from Europe where there is no monopoly.

As someone who has started companies and invented devices, I realize the benefits of being able to patent your ideas. Nonetheless, this is more than patenting ideas...it is patenting the gene itself; not the test but the gene.

I was surprised to hear that 20% of the human genome has been patented in this country. That's outrageous! There has to be a balance between benefitting a company for its development and safe guarding that which belongs in the public trust.

I think it's terrific that this suit has been filed. Genes should not be owned. And I agree with Dr. Nancy Snyderman who said on Today, 'This will probably go all the way to the Supreme Court.' Stay tuned!