PARIS - When a research team has identified a new mutation in BRCA1 , a human gene linked to a higher risk of breast cancer and ovarian cancer, the announcement included a broadside against a biotechnology company that holds patents on the gene. The attack is the opening volley in a battle that control the patents for certain cancer tests in Europe, and the fight is likely to get even uglier.
Mutations in BRCA1 and a related gene, BRCA2 , are thought to be responsible for up to 10% of all breast cancers. Myriad Genetics, a biotechnology company based in Salt Lake City Utah, holds at least 17 patents worldwide on the use of these genes and has developed an automated test for mutations. But because the test does not capture faults as the newly identified mutation, it represents "a potential threat" to the French cancer patients, representatives of complaint from the Institut Curie in Paris.
The Curie laboratories and 16 others are considering the challenge of a European patent granted to Myriad last January for BRCA1 and BRCA2 applications. The reason is that a team led by Dominique Stoppa-Lyonnet Curie geneticist has found a new mutation - a deletion of three exons or coding regions, in BRCA1 . The mutation described in the number of the month of Journal of Medical Genetics , was taken with a technique developed by researchers at the Pasteur Institute in Paris, and led team argues Curie the technique should be used as an alternative or complement to the test from Myriad.
European Patent Myriad, and more, he meanwhile, can make this impossible, French researchers say. Myriad officials counter that the criticisms are off base. "If there is a technique that can detect an undetected mutation by our test, we're not stopping anyone to do this test done," says Greg Critchfield, president of Myriad Genetic Laboratories. However, if Myriad was to develop techniques to detect similar mutations in the new one, the company would have the exclusive right to use, Critchfield said. "A company has to protect its intellectual property rights"
the France Genetics and Cancer Group - a network of 17 laboratories, including the Curia, that the conduct BRCA1 and BRCA2 test using a variety of methods - discusses a legal challenge Myriad patent received in January. This procedure "opposition" must be filed no later than October.
Related Sites
information Myriad BRCA1 and BRCA2 testing
The Institut Curie
0 Komentar