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Les centres
de génétique et les ministres belges et hollandais
se joignent au mouvement d'opposition français contre
les brevets de Myriad Genetics sur les tests de dépistage
du cancer du sein 22 février 2002 In 2001, the European Patent Office (EPO) has granted 3 patents on the BRCA1 gene, the first known gene with a role in familial breast- and ovarium cancer, to a private company, i.c. Myriad Genetics. These patents relate to research performed in 1994. They describe the sequence of the gene, the relation between mutations in patients and the disease, and they list a series of mutations that have been observed is different families. The claims in these patents are very broad, and thus these patents directly afflict genetic testing in families and patients in Europe. Because of the patents, Myriad Genetics obtained the monopoly on diagnostic testing for BRCA1. However, since 1994, many European laboratories have been offering BRCA1 testing in a clinical context. As a result of the monopoly on this gene, this testing will either become impossible in the laboratories in the public sector, or become exceedingly expensive. Moreover, the BRCA1 gene represents a precedent. Many patent applications on genes have been filed over the last few years, and thus this is only the tip of an iceberg. Eventually, the monopolies on genes and genetic testing will wreck the reimbursement system and negatively influence healthcare. In October 2001, several institutes and genetic societies from different European countries have already taken action against the first patent. The deadline for opposition against the second patent is February 23, 2002. The Belgian and Dutch Centres for Human Genetics have again filed an opposition. The Belgian Ministers of Health, Social Affairs and Scientific Research and the Dutch Minister of Health have also filed opposition. At the same time, the French Institutes that had previously opposed to the first patent, have also filed a second opposition, with the support of their Minister of Health. The major concern is that the claims of the patents are far too broad and not commensurate to the achievements made by the company. Moreover, the specific nature of DNA as a carrier of genetic and private information requires special considerations. Actual patent law - and the evidently narrow and strict interpretation by the EPO - do not exactly respect or reflect this special status. |
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