No To Patenting Genes, Yes To Testing Technologies: European Experts Propose Solutions To Gene Patenting Controversy

Main Category: Genetics
Article Date: 27 Apr 2008 - 0:00 PDT

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An end to the long running controversy over patenting genes for genetic tests appears in sight following the launch of new guidelines drafted by leading European experts. Over the past 4 years, geneticists from the European Society of Human Genetics (ESHG) and EuroGentest have consulted with key authorities on patenting and key stakeholders in the field of genetic testing. Published in the European Journal of Human Genetics, the working party's main conclusion is that patents should not be granted for genes or DNA sequences, but only for technological inventions that facilitate genetic testing . These recommendations will now be taken forward to the European Patent Office, European Parliament and the European Commission, to stimulate their incorporation into existing patent leigislation.

Professor Gert Matthijs of the Catholic University of Leuven chaired the group and believes a major breakthrough has been made: "ESHG has a well respected history of researching and issuing recommendations on different aspects of genetic testing. As soon as the first monopolies on genetic tests started appearing, we realised patenting had become a major issue. This new proposal aims to reconcile what until now have appeared to be conflicting interests patent owners, commercial companies, health authorities, policy makers, geneticists with the ultimate goal of ensuring that patients retain access to the latest technological advances."

Professor Matthijs also predicts that although the guidelines focus on the situation in Europe, their publication would also have a major impact in the US and Japan, where patenting of genes has been extensively practiced.

At the press conference in Brussels, April 24, Prof. Joseph Straus, an eminent specialist on patent law, and Dr. Siobhan Yeats, a director of biotechnology at the European Patent Office, among others, will comment on the new guidelines.

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