patents/licenses and Taq/Pfu DNA polymerase

Duncan Clark blackhole at abuse.plus.com
Wed Apr 27 10:18:52 EST 2005


Historians believe that in newspost 
<d4gan4$240$1 at sagnix.uni-muenster.de> on Sun, 24 Apr 2005, 
news.uni-muenster.de <seggewis at gmx.de> penned the following literary 
masterpiece:
>Hello!
>
>A lot of compansie in Germany sell Taq DNA polymerase and Pfu DNA polymerase
>without any license.
>
>What about licenses and patents of these products in Germany and Europe,
>respectively?

Taq Patent was ruled to be valid in Europe i.e. Roche won. There is no 
further appeal court within Europe. Roche patent stands.

>
>Who ones the patent for Pfu DNA polymerase and how long will it be valid?

Stratagene patent and primarily an NEB patent that covers all polB type 
sequences that hybridise to VENT DNA sequence under conditions specified 
in the patent. Basically any polB sequence from a Pyrococcus or 
Thermococcus is covered due to very high percentage DNA homology.

European patent office has a very good search engine and will pull up 
all the granted patents and there dates.

>
>Can a compoany in Germany sell Taq ond/or Pfu without any license, is it
>legal?

You would infringe the patents, but it is up to the patent owners to 
pursue you should they wish to. If they pursue then you may need deep 
pockets.

>
>And whout about products like HotStart Taq DNA polymerase (Taq DNA
>polymerase plus antibodies against the Taq)?

All monoclonals to Taq covered by patent issued to Kodak and now owned 
by I can't remember who. All Hotstart methods are covered by patents, 
regardless of what they are.

 > And how with mixtures from Taq

Taq:Proof reading enzyme mixes covered under a Wayne Barnes patent now 
owned by Takara Bio.

Duncan
-- 
I love deadlines. I especially like the whooshing noise they make as
they go flying by.

Duncan Clark
GeneSys Ltd.



More information about the Methods mailing list