Myriad's patents give it exclusive right to perform diagnostic tests on the genes -- forcing other researchers to request permission from the company before they can take a look at BRCA1 and BRCA2, the ACLU said. The patents also give the company the rights to future mutations on the BRCA2 gene and the power to exclude others from providing genetic testing.

Seems as though it is purely a monetary thing as they charge $3,000 for the test, according to that article.

I am not well-informed, but I don't see how it is right they should be given a patent on something such as genes. I will ask my niece, the micro-biologist who had her own "designer" mice for testing (I know, I hate that!) which were exclusive. Not sure if there was a patent or not, but she's moved on to other work now. I'll be interested in what she may have to say about this. Might take a day or two.