Myriad Genetics: Patent Law and Genetic Testing

European Intellectual Property Review, Vol. 25, No. 1, pp. 20-33, January 2003

Posted: 14 Oct 2004

See all articles by Matthew Rimmer

Matthew Rimmer

Queensland University of Technology (QUT)

Abstract

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

Suggested Citation

Rimmer, Matthew, Myriad Genetics: Patent Law and Genetic Testing. European Intellectual Property Review, Vol. 25, No. 1, pp. 20-33, January 2003. Available at SSRN: https://ssrn.com/abstract=603222

Matthew Rimmer (Contact Author)

Queensland University of Technology (QUT) ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, Queensland QLD 4000
Australia

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