A court case surrounding
gene patents for high - risk forms of breast cancer puts two viewpoints of «products of nature» on the stand.
The judge tweaked the Justice Department, noting that its brief contradicts the policy of U.S. Patent and Trademark Office, which has backed
gene patents for more than 2 decades.
Not exact matches
The Canadian
Patent Office would have to reverse the
Patent licenses it has granted to companies who have received them
for what's called single
gene loci.
Given the similarities between the Canadian
Patent Act and its U.S. counterpart
for the definition of «invention», the Canadian
Patent Office has
for many years granted claims like Myriad's to isolated
gene sequences and continues to do so.
The U.S.
Patent Office granted Myriad's patent for the two genes and the assay in 1997 and more than 250,000 patients have used Myriad for BCRA1 and BCRA2 gene te
Patent Office granted Myriad's
patent for the two genes and the assay in 1997 and more than 250,000 patients have used Myriad for BCRA1 and BCRA2 gene te
patent for the two
genes and the assay in 1997 and more than 250,000 patients have used Myriad
for BCRA1 and BCRA2
gene testing.
By invalidating key parts of Myriad's
patents, the court has removed a bar that prevented labs using new technology from developing and selling broader one - time tests that search
for all known cancer risks, including the BRCA
genes, geneticists said.
Nov 30, 2012 — The justices» decision will likely resolve an ongoing battle between scientists who believe that
genes carrying the secrets of life should not be exploited
for commercial gain and companies that argue that a
patent is a reward...
And on
gene patents, the federal government has come down in favour of recognising ownership rights
for naturally occurring genetic material in the wake of the fierce campaign by the biomedical industry.
She has served as a biochemical
patent agent and a research scientist
for a
gene - therapy company.
Infant formula continues to evolve and there are
patents already
for implanting
genes for making human milk in mice.
Eventually, time itself will clear up the remaining confusion:
Gene patents are issued
for 20 years, and many will soon expire.
For this reason, Myriad contends that hundreds of its patents are still valid, and has sued competitor test - providers Ambry Genetics and Gene by Gene for patent infringeme
For this reason, Myriad contends that hundreds of its
patents are still valid, and has sued competitor test - providers Ambry Genetics and
Gene by
Gene for patent infringeme
for patent infringement.
But the decision wasn't a slam dunk
for gene -
patent opponents.
Wayne Grody, director of the Molecular Diagnostics Laboratories at the University of California, Los Angeles Medical Center, says his lab plans to offer tests
for 15 to 20 previously
patented genes, including those
for congenital deafness and neurological diseases.
The Centers
for Enterprise helped get
patents on Rogers's processes and «biological material» (the actual herd of pigs); the company licensed the
gene - model technology from the university.
After an unanticipated setback a year ago, Myriad Genetics has taken its case to a federal appeals court to retain its
patents for the BRCA1 and BRCA2
genes
It has used broad
gene patents to operate a monopoly over testing
for the two BRCA
genes, which when mutated can cause inherited forms of breast cancer.
Prasher and Chalfie were awarded a
patent for the use of GFP as a marker of
gene expression; in total, it earned Prasher just a few hundred thousand dollars in royalties over 15 years.
On the other hand, by deciding that an EST sequence does not provide an adequate written description of a claim directed to «a
gene,» the PTO has preserved the possibility
for a
gene itself to be
patented once its full - length sequence is determined.
The policy — in the form of first Office Actions on a series of applications
for patents on expressed sequence tags, ESTs — could greatly complicate basic
gene therapy research by substantially allowing
patents for small sequences of a
gene that may later be used by the
patent holder to corner ownership and uses of entire
genes.
But the predictability they did hope
for could be threatened by an evolving policy on the patentability of
gene sequences, which is emerging from the U.S.
Patent and Trademark Office in Washington.
The idea is that activists in the rich countries will organise consumer boycotts of genetically engineered foods, while the farmers in the South oppose the
patenting of
genes for use in agriculture.
The EST
patent - holder can prevent the
gene - discoverer from using the
gene (or demand compensation
for the use).
Issued last March to researchers at a little - known cotton seed company called Delta & Pine Land (D&PL) and the U.S. Department of Agriculture, the
patent covers a technique
for transferring three
genes along with their genetic on switches into the seeds of genetically improved plants.
But Greg Aharorian, director of the Centre
for Global Innovation /
Patent Metrics, believes the dispute won't have any serious impact on science and R&D, though he warns the longer the patent battle continues without a deal the greater the chance new types of gene editing will be discovered, which will «potentially undercut their future profits&r
Patent Metrics, believes the dispute won't have any serious impact on science and R&D, though he warns the longer the
patent battle continues without a deal the greater the chance new types of gene editing will be discovered, which will «potentially undercut their future profits&r
patent battle continues without a deal the greater the chance new types of
gene editing will be discovered, which will «potentially undercut their future profits».
It's not clear,
for example, if the process of analyzing
gene expression from a tumor biopsy to decide on a course of treatment can be protected by a
patent.
Particularly influential were last year's ruling in Association
for Molecular Pathology v. Myriad Genetics Inc. that naturally occurring human
genes can not be
patented and the 2012 Mayo v. Prometheus decision, which invalidated a
patent on a method of adjusting drug dosage using measures of blood metabolites because it relied on a «law of nature.»
The agency has been forced to tighten its eligibility rules in light of recent Supreme Court decisions — including a 2013 ruling that struck down
patents on human
genes — but its first pass at new guidelines
for examiners raised a stink.
After her lab chief and mentor and the university filed
for a
patent on uses of the
gene, she demanded to be named as an inventor and eventually sued the University of Chicago, the chief, and two spin - off corporations, seeking due credit and a share of profits.
23andMe, the test - your - own -
genes company, has come under fire on moral grounds today
for patenting a DNA prediction service that critics say could lead to «designer babies.»
Under the common law regime of which Singapore is a part, it is very doubtful that the
patent office will grant a
patent for any specific
gene.
In a 2001 survey, close to 50 percent of researchers in the American Society
for Human Genetics said that they have had to limit their research because of
gene patents, according to the AMA brief.
Dr. Kirk Manogue, vice president of technology transfer at The Feinstein Institute
for Medical Research in Manhasset, N.Y., said that there have been some safeguards built in to allow research on
patented genes to continue without infringement on
patent rights.
The benefits that
patents bring (a temporary market monopoly) provide incentive and funding
for researchers to «discover»
genes in the first place, Myriad says.
Brown University has applied
for a
patent on the method of
gene expression tagging
for producing a tissue.
The court was ruling on a case, In re Kubin, involving a
patented gene sequence
for the human immune protein NAIL, owned by Amgen Inc. in Thousand Oaks, California.
Another key issue
for our clients is the fate of
patents covering human
genes.
When it filed
for a
patent on the
gene, it didn't list the academic collaborators as co-inventors, although Greider maintains that her lab contributed biochemical protocols
for purifying telomerase that were crucial to Geron's discovery.
The difficulties are well illustrated by last month's rejection of a
patent application in the US, by the Institutes of Health,
for DNA sequences without knowledge of the function of the
gene.
In simple terms, that's the ruling handed down today by the US Supreme Court in a long - awaited decision on the validity of
patents for the breast cancer
genes BRCA1 and BRCA2.
Myriad Genetics has used broad
gene patents to operate a monopoly over testing
for the two BRCA
genes, which when mutated can cause inherited forms of breast cancer.
Among other points, the opponents argued that human
genes are a product of nature, and
for that reason can not be
patented.
For the most part, broad
patents on entire natural human
gene sequences are a thing of the past.
HOW»S this
for a brain teaser:
gene patents scrapped last year on the grounds that they were based on natural molecules were last week reinstated on the grounds that the molecules are, after all, unnatural.
Boston Children's Hospital has offered non-exclusive licenses to
for - profit entities on a
patent developed by Orkin's laboratory regarding BCL11A, a genetic switch regulating hemoglobin production that is expected to form the basis of clinical trials
for gene therapy and
gene editing
for sickle cell disease and thalassemia.
The
patent interference, in which University of California lawyers will probably claim that its scientists invented CRISPR
gene - editing and also applied
for a
patent before Broad, will be hotly contested.
They worry that it will lead to designer babies
for the rich or to a lessening of respect
for the disabled; they fear the
patenting of
genes by private corporations; they predict that medical insurance may cease to be offered by insurance companies to those whose risks are known and high.
She notes that the decision doesn't threaten the many follow - on
patents the Broad has filed
for gene - editing technologies, including alternatives to the Cas9 enzyme used in the early CRISPR work.
Last week, a federal jury deadlocked on a claim by the University of California (UC) that South San Francisco biotech giant Genentech had infringed the university's
patent on the
gene for human growth hormone.
Defendants in a high - profile lawsuit that could have significant implications
for thousands of
patents on human
genes have now asked a federal judge to dismiss the case, calling it a «thinly veiled attempt to challenge the validity of
patents.»