The European opposition against the BRCA gene patents
Abstract
In 2001, the European Patent Organisation (EPO) granted 3 patents on the BRCA1 gene (EP-B-699754, EP-B-705903, EP-B-705902) to Myriad Genetics. The patents, and the option of the patent holder to strictly exert its monopoly right by requesting that all diagnostic testing be done at its laboratory in the United States, has evoked strong reactions in Europe. Several opposition procedures have been started against these patents. After oral hearings at the EPO in Munich in May 2004, the first patent was revoked due to errors contained in the initially filed sequence. At oral proceedings in January 2005, the other two patents were severely limited in scope. The discussion on inventive step on the cloning of the BRCA1 gene - other than the one that relates to the priority date - has not taken place. In other words, the EPO has not questioned the patentability of this gene per se. The author participated in the hearings in Munich and would like to give the genetic community a firsthand account of the case.
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There was an infamous patent dispute over the BRCA1 and BRCA2 genes.
“A good example is the infamous patent dispute over the BRCA1 and BRCA2 genes [147,148].”
From Genetic Insights into the Economic Toll of Cell Line Misidentification: A Comprehensive Review (2026) · cites this paper as [148]
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Genetic Insights into the Economic Toll of Cell Line Misidentification: A Comprehensive Review
Weiskirchen, R. (2026) · Medical Sciences · doi:10.3390/medsci14010025 · Cited by 4 · see citing works
- Authors
- Matthijs, G.
- Affiliations
- KU Leuven (BE)
- Corresponding author
- Matthijs, Gert
- ORCID
- Matthijs, Gert
- Venue
- Familial Cancer
- Published
- 2006-03
- Volume
- 5
- Issue
- 1
- Pages
- 95-102
- ISSN
- 1389-9600 (ISSN-L)
- 1573-7292
- OpenAlex
- W2064244376
- Cited by
- 30
- References
- 0
- Citations by year
- 2026: 2 · 2025: 1 · 2023: 1 · 2022: 1 · 2021: 1 · 2018: 1 · 2017: 2 · 2016: 1 · 2013: 2 · 2012: 1
- FWCI
- 51.76
- Type
- journal article
- Language
- en
- Open access
- closed
- Licence
- www.springer.com/tdm (tdm)
- Locations
- Familial Cancer (publishedVersion)
- PubMed (publishedVersion)
- DigitalGeorgetown (Georgetown University Library) (submittedVersion)
- Topics
- Social Sciences › Law › Intellectual Property Law
- Social Sciences › Business, Management and Accounting › Management of Technology and Innovation › Intellectual Property and Patents
- Physical Sciences › Computer Science › Artificial Intelligence › Law, AI, and Intellectual Property
- Keywords
- BRCA1, gene patents, Myriad Genetics, European Patent Office, patent opposition, patent revocation, inventive step, genetic testing, gene patenting
- MeSH terms
- Breast Neoplasms, Europe, Female, Genetics, Humans, Ovarian Neoplasms, Patents as Topic, Policy Making, Genes, BRCA1, Genes, BRCA2, Genetic Research
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