Myriad Genetics: Patent Law and Genetic Testing
European Intellectual Property Review, Vol. 25, No. 1, pp. 20-33, January 2003
Posted: 14 Oct 2004
This paper considers the legal challenges to the legal validity of the patents held by Myriad Genetics in respect of genetic testing for breast cancer and ovarian cancer. It argues that broad-based patents on gene sequences and medical diagnostics will have a harmful effect upon access to patient care, genetic research, and the administration of public health care.
Keywords: Patent law, genetic testing, inventorship, novelty, inventive step, utility, European Biotechnology Directive, ethical objections, research exemption, compulsory licensing
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