BRCA! and diagnostics, patents...

Jack H. Pincus jhpincus at cris.com
Sat May 25 17:27:40 EST 1996

In article <57E9A53101B938D9 at office.mmc.org>, varyc.mmcri at mmc.org 
>Hi all,
>Does anyone know precisely how or wether issuance of a patent for a 
>sequence like BRCA1 (or p53, DCC etc. etc.) affects the ability of a 
>clinical lab to obtain and use (and charge for) DNA sequence 
information for
>patient care?
>Much thanks in advance for any help/opinions..
>Cal Vary

The patent holder can exclude anyone from making, using, or selling the 
gene for any purpose for twenty years from the date the patent was 
filed.  The only exemption is use for sholarly research or research 
designed to improve the invention.  Use in patient care would require a 
license.  However, if BRCA1 proves useful for breast cancer diagnosis or 
monitoring, I suspect Millenium, or one of its licensees will produce 
and sell detection kits.

Jack H. Pincus
jhpincus at cris.com

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