The European opposition against the BRCA gene patents

Familial Cancer
Gert Matthijs

Abstract

In 2001, the European Patent Organisation (EPO) granted 3 patents on the BRCA1 gene (EP-B-699754, EP-B-705903, EP-B-705902) to Myriad Genetics. The patents, and the option of the patent holder to strictly exert its monopoly right by requesting that all diagnostic testing be done at its laboratory in the United States, has evoked strong reactions in Europe. Several opposition procedures have been started against these patents. After oral hearings at the EPO in Munich in May 2004, the first patent was revoked due to errors contained in the initially filed sequence. At oral proceedings in January 2005, the other two patents were severely limited in scope. The discussion on inventive step on the cloning of the BRCA1 gene - other than the one that relates to the priority date - has not taken place. In other words, the EPO has not questioned the patentability of this gene per se. The author participated in the hearings in Munich and would like to give the genetic community a firsthand account of the case.

References

Oct 7, 1994·Science·P A FutrealY Miki
Dec 4, 2002·European Journal of Human Genetics : EJHG·Gert Matthijs, Dicky Halley
Sep 18, 2004·Cancer Letters·Eskandar Kamali-SarvestaniAhmad Merat

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Citations

Jun 17, 2008·European Journal of Human Genetics : EJHG·S AyméUNKNOWN ESHG Working Party on Patenting and Licensing
Aug 4, 2011·European Journal of Human Genetics : EJHG·Nele BerthelsGeertrui Van Overwalle
Jun 10, 2011·European Journal of Human Genetics : EJHG·Isabelle HuysGert Matthijs
Aug 10, 2013·Nature Biotechnology·Gert MatthijsDominique Stoppa-Lyonnet
Oct 10, 2009·Nature Biotechnology·Isabelle HuysGeertrui Van Overwalle
Aug 30, 2008·The American Journal of Bioethics : AJOB·Ellen Matloff, Arthur Caplan
Oct 9, 2007·Seminars in Oncology·Kenneth Offit, Peter Thom
Jul 27, 2006·Headache·Elizabeth Loder, Paul Rizzoli
Dec 20, 2007·Genetics in Medicine : Official Journal of the American College of Medical Genetics·Timothy CaulfieldC J Murdoch
May 23, 2008·Genetics in Medicine : Official Journal of the American College of Medical Genetics·David H Ledbetter
Apr 19, 2017·Annual Review of Genomics and Human Genetics·Robert Cook-DeeganKathryn Maxson Jones
Apr 21, 2007·Clinical Chemistry·Kerstin L EdlefsenMichael Astion

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