Patents protect proprietary information but are of limited
duration. After expiration, the patented technology becomes part of
the public domain. Trade secrets, in contrast, never expire and
therefore are not accessible to the public as long as the
information remains secret. Thus, the authors of "The Next Controversy in Genetic Testing: Clinical
Data as Trade Secrets?" argue that trade secret
protection of genomic data is inappropriate because it impedes the
free flow of information that is necessary to advance personalized
medicine.
Myriad's Proprietary Technology – Patents and
Trade Secrets
In positioning their argument, the authors take aim at Myriad
Genetics ("Myriad"), the provider of BRCA1/2 diagnostic
testing. Through its diagnostic services, Myriad has tested nearly
one million patients and compiled genetic data from the tests. In
most instances, the authors argue, the test results are simple to
interpret – whether or not the patient sample contains
