Diagnostic Kits/Competitive advantages in Kits: Difference between revisions
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*[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=897507 European Opposition to Exclusive Control Over Predictive Breast Cancer Testing and the Inherent Implications for United States Patent Law and Public Policy: A Case Study of the Myriad Genetics' BRCA Patent Controversy] | *[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=897507 European Opposition to Exclusive Control Over Predictive Breast Cancer Testing and the Inherent Implications for United States Patent Law and Public Policy: A Case Study of the Myriad Genetics' BRCA Patent Controversy] | ||
**"the most recent opposition challenges the patent as not fulfilling relevant provisions in the European patent law, as well as impeding heath care and scientific discovery." (quoting the abstract) | **"the most recent opposition challenges the patent as not fulfilling relevant provisions in the European patent law, as well as impeding heath care and scientific discovery." (quoting the abstract) | ||
*[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=960772 Molecules and Conflict: Cancer, Patents, and Women's Health] | |||
'''Patent Scope''' | '''Patent Scope''' | ||
Revision as of 16:08, 30 October 2009
Answer the questions:
- Define the competitive advantages in the field and the barriers of entry
penumbra effect
- tests with genes in common lead to one lab having a functional monopoly over the group of diseases that require the common gene or mutation Cook-Deegan et. al., 2009.
The Myriad Story
- Patent-Mediated Standards in Genetic Testing
- "2006, Dr. Mary-Claire King and her colleagues published a study in the Journal of the American Medical Association" (page 16)
- patented materials where licensed by the lab at a high licensing fee
- the labs use of multiplex ligation probe amplification (MLPA) was a dramatic improvement over the current Myriad test
- "Despite the fact that the work of King and her colleagues did not duplicate any clinical service offered by Myriad, the company’s response indicated that its patents would likely be infringed by any clinical testing based on the results from the King study" (page 17)
- Myriad has strong commercial control over genetic testing options due to its patent holdings
- "2006, Dr. Mary-Claire King and her colleagues published a study in the Journal of the American Medical Association" (page 16)
- Access to Bio-Knowledge: From Gene Patents to Biomedical Materials
- "Myriad Genetics owns patents on the BRCA1 and BRCA2 genes, which are important in 5-10% of breast cancer cases." (page 22-23)
- Myriad has enforced these patents against:
- OncorMed
- University of Pennsylvania
- "Letters from Myriad also led other commercial testing centers to exit the market rather than face potential litigation." (page 23)
- European Opposition to Exclusive Control Over Predictive Breast Cancer Testing and the Inherent Implications for United States Patent Law and Public Policy: A Case Study of the Myriad Genetics' BRCA Patent Controversy
- "the most recent opposition challenges the patent as not fulfilling relevant provisions in the European patent law, as well as impeding heath care and scientific discovery." (quoting the abstract)
Patent Scope
- The Discovery of Invention: Gene Patents and the Question of Patentability
- "This paper considers the problematic scope of so-called gene patents and identifies factors, both within the legal framework and in terms of the socio-economic policies underpinning intellectual property, that support a restricted purpose-bound approach to patent protection of gene sequences." (Quoting Abstract)