As Myriad seems to have thrown in the towel in its fight to protect patents covering its BRCA diagnostic tests, LSIPR asks whether the gene patent’s days are numbered in the US, and takes a look at its fortunes in other jurisdictions.
At the time of writing, genetic diagnostics company Myriad has settled all but one of its gene patent disputes with firms offering BRCA tests in the US.
The tests determine an individual’s chance of developing breast or ovarian cancer by analysing mutations on genes BRCA1 and BRCA2. Myriad holds a number of patents covering ways to isolate these genes, although some were invalidated by the US Supreme Court in a June 2013 decision.
However, gene patents remain in force in many jurisdictions around the world, including China, the EU, Japan, Russia and South Korea, where isolated DNA is considered patentable subject matter. Australia’s Full Federal Court last September upheld Myriad’s patents covering BRCA genes after a challenge by cancer survivor Yvonne D’Arcy.
Life Sciences Intellectual Property Review (LSIPR) tracks the increasing challenges for intellectual property specialists in the rapidly evolving world of life sciences. From gene patents to stem cell research, we provide the very best news and analysis.
To continue reading this article and to access 4,500+ articles, our digital magazines and special reports published for LSIPR subscribers only then you will need a subscription.
If you are already subscribed please login.
Official LSIPR subscribers include:
Allen & Overy
Arnold & Siedsma
Birch, Stewart, Kolasch & Birch LLP (BSKB)
Carpmaels & Ransford
European Patent Office
George Washington Law School
Kirkland & Ellis International LLP
Marks & Clerk
NiKang Therapeutics Inc.
Powell Gilbert LLP
Procopio, Cory, Hargreaves & Savitch LLP
The United States Patent and Trademark Office (USPTO)
World Intellectual Property Office
BRCA, Myriad, patent, gene patent