U.K. Geneticists Concerned Patent Ruling On Breast Cancer Gene Test Could Stifle Innovation

Main Category: Breast Cancer
Also Included In: Genetics
Article Date: 08 Dec 2008 - 0:00 PDT

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A recent ruling by the European Patent Office could make it more difficult and costly for health care providers in the United Kingdom to test for the BRCA1 genetic mutation, which can increase a woman's risk for breast cancer, London's Independent reports. The patent office's ruling grants intellectual property rights to U.S.-based Myriad Genetics for tests to detect BRCA1, which geneticists say could allow the company to claim royalties for tests developed by other scientists. Although Myriad did not obtain all of the rights it applied for, the patent ruling provides the company with rights for tests for two mutations frequently detected in Ashkenazi Jews.

Gert Matthijs, a human geneticist at the University of Leuven in Belgium, said the ruling could allow Myriad to claim patent infringement if a physician is simply trying to identify the type of BRCA1 mutation a woman has inherited. He added that a 2001 ruling that awarded Myriad the patent for the discovery of BRCA1 has led to a monopoly that has dissuaded other companies from developing tests for the mutation. A Myriad spokesperson said, "It is important for us to point out that research activities with the patented technologies are not limited in any way by Myriad and are encouraged through subsidized costs for testing from the company to researchers." Rob Elles, chair of the British Society for Human Genetics, said, "The fact is these tests are being done, and I would very much regret it if they stopped because Myriad put cease-and-desist orders on them" (Connor, Independent, 12/4).

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