license for TAQ

Dr. Duncan Clark duncan at genesys.demon.co.uk
Fri Apr 5 04:52:17 EST 1996


In article <1996Apr5.062131.13576 at alw.nih.gov>, Bernard Murray
<bernard at elsie.nci.nih.gov> writes
>In article <4k0lf3$p2f at news.bu.edu>, leach at bu.edu says...
>>
>>Roche will hunt you down!
>>
>>Look on Promega's www site (http://www.promega.com) and in their taq legal
>>section there is a list of infringers (scientists) that Roche has also filed
>>against....
>
>>Martin
>
>Since you are the notorious rumour man...  What's the status on Roche's
>attempts to bring legal action against people using "non licenced"
>thermal cyclers for PCR?

There are a few licensed thermal cyclers mainly from companies holding a
PCR enzyme manufacturing license. There is a clause in the enzyme
license that stops me selling an unlicensed PCR machine. When I sell a
vial of licensed enzyme or when you the end user buy a vial you are only
granted a license to practice PCR on a licensed machine. I am not held
liable by Roche for you using my licensed enzyme on a non-licensed
machine. That is your problem. 

>       Is it also true that they are gunning after Pharmacia and
>trying to get them to put a notice in their nucleotide packs that
>they are "not licenced for use in the PCR process"?  I had also
>heard a rumour that all oligo manufacturers were going to have to pay
>a fee to Roche to allow their products to be legally used in PCR.

I've not heard these ones. In discussions with Roche, sale of
nucleotides was discussed because I felt that royalties should not be
payable on something that is widely used in umpteen other applications
other than PCR. How can I distinguish whether an enduser is using a 5mM
mix for PCR rather than blunting a sticky RE overhang? The outcome was
that if I sold them (or any other product) marked specifically for use
in PCR then they attract royalties. If they are supplied in a PCR kit
then again they attract royalties as do all the components in a PCR kit
even water. The royalty is a percentage of the kit retail price. 

>The producers of magnesium chloride had better watch their backs....!

25mM MgCl2 specifically for PCR will attract a royalty!!!


--------------------------------------------------------------------------------
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