Lessons from the European Union: The Need for a Post-Grant Mechanism for Third-Party Challenge to U.S. Patents

12 Pages Posted: 27 Apr 2006  

Jordan Paradise

Loyola University Chicago School of Law

Abstract

There is ongoing legal challenge in the European Union regarding a number of human gene patents held by a U.S. corporation for sequences of two genes, BRCA1 and BRCA2, mutations in which indicate a predisposition to breast cancer. Specifically, the most recent oppositions challenge the patents as not fulfilling relevant provisions in the European patent law, as well as impeding heath care and scientific discovery. This Article discusses the European controversy over the BRCA gene patents and recent opposition decisions of the European Patent Office and also advocates the creation of a similar third party opposition procedure in the U.S. to address similar legal and policy concerns.

Keywords: BRCA, patents, genetics research, health care, European Union, opposition

Suggested Citation

Paradise, Jordan, Lessons from the European Union: The Need for a Post-Grant Mechanism for Third-Party Challenge to U.S. Patents. Minnesota Journal of Law, Science & Technology, Vol. 7, No. 1, pp. 315-326, 2005; Minnesota Legal Studies Research Paper No. 06-22. Available at SSRN: https://ssrn.com/abstract=897741

Jordan K. Paradise (Contact Author)

Loyola University Chicago School of Law ( email )

25 E. Pearson
Chicago, IL 60611
United States

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