BMJ 2007;335:740-741 (13 October), doi:10.1136/bmj.39360.646435.DB
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Scientists welcome ruling on patent on breast cancer gene
Rory Watson
Brussels
| The first 150 words of the full text of this article appear below. |
The European Patent Office has rejected an appeal by the US drug company Myriad Genetics and the University of Utah against an earlier decision revoking the patent concerning the BRCA1 gene and its applications.
The ruling has been welcomed by European researchers working on tests for a predisposition to breast and ovarian cancer. Dominique Stoppa-Lyonnet, head of the genetics department at the Institut Curie in Paris, said: "This is an important decision, since it means we can continue our work without fear of being attacked for infringing a patent."
The decision is the latest stage in a long running battle between European public health practitioners and the US company. Myriad Genetics was granted the patent in November 2001 and handed over its rights to the University of Utah Research Foundation three years later, while keeping an exclusive licensing agreement.
The patent relates to the BRCA1 gene isolated from the human
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