Nope you are both wrong. This *IS* about the gene itself. The patent is extremely broad and covers such things as:
1) the "normal" sequence of the BRCA1 and BRCA2 genes
2) the fact that various mutations in those genes are associated with breast cancer
Researchers/doctors are unable to offer alternative tests because offering a test requires being able to compare a patient's sequence with the (patented) "normal" sequence. But Myriad refuses to allow this, so even scientists doing basic research can't sequence their subject's BRCA1/2 genes!!!
Since Myriad Genetics even owns a patent on the "fact" that certain mutations are associated with disease, researchers/doctors aren't even allowed to interpret the results for their patients because doing so would utilized the patented fact that the patient's mutation is associated with breast cancer.
Read the article and/or complaint filed. This lawsuit has been a LONG time coming.
YEs it IS that ridiculous. The patent office was dumb/ignorant when they awarded the patents and it's about time this mistake was challenged.