Myriad's impact on gene patents

Liddell, Kathleen; Liddicoat, John; Crespo, Cristina

doi:10.1038/nbt.3719

Cited by 16 publications

(17 citation statements)

References 15 publications

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“…They may not have the resources for engaging in this type of complex prosecutions involving multiple rounds of examination and RCEs (Requests for Continued Examination), unlike larger firms with more resources. We found some p r e l i m i n a r y e v i d e n c e o f s u c h disproportionate effect in our previous empirical study 14 . Strong, reliable patents are typically important for businesses which need 1) to attract i n v e s t m e n t i n a r i s k y R & D environment, and 2) firm growth during the term of the patent (ie., 20 years from the filing date).…”

Section: What Has Been the Response Of The Uspto To Myriad?supporting

confidence: 46%

“…In a recently published empirical study 14 , we addressed questions about Myriad's impact on gene-related patents (including but not limited to isolated gene-related patents). That study emp loyed a n a uto ma ted sea r ch algorithm designed to analyze, in a broad way, Myriad's impact by looking at granted gene-related patents using consistent search terms before and after the Myriad decision.…”

Section: The United States Patent and Tr A D E M A R K O F F I C E ( mentioning

confidence: 99%

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After Myriad, what makes a gene patent claim 'markedly different' from nature?

et al. 2017

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Section: What Has Been the Response Of The Uspto To Myriad?supporting

confidence: 46%

Section: The United States Patent and Tr A D E M A R K O F F I C E ( mentioning

confidence: 99%

After Myriad, what makes a gene patent claim 'markedly different' from nature?

et al. 2017

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“… 18 , 35 Our study underlines these calls for a national conversation. More broadly, the number of gene-related patents granted, at least in the United States, is increasing; 4 thus, our study may be a harbinger of situations in other jurisdictions. Further study is needed to ascertain the effect of these patents on innovation and access, and to assess whether employment of the CHEO agreement should be considered.…”

Section: Discussionmentioning

confidence: 95%

“…While the highest courts in the United States and Australia have limited the availability of patents on natural gene sequences, 1 , 2 , 3 the number of gene-related patents continues to rise, 4 and they remain important elsewhere. Research suggests that in Canada, these patents have seriously impeded equitable and cost-effective genetic testing.…”

Section: Introductionmentioning

confidence: 99%

Gene patents still alive and kicking: their impact on provision of genetic testing for long QT syndrome in the Canadian public health-care system

Ali‐Khan

Gold

2017

Genetics in Medicine

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PurposeAlthough the Supreme Court of the United States limited their availability in Association for Molecular Pathology v. Myriad Genetics, gene patents remain important around the world. We examine the situation in Canada, where gene patents continue to exist, in light of recent litigation relating to familial long QT syndrome (LQTS).MethodsWe conducted in-depth semistructured interviews with 25 stakeholders across five Canadian provinces and supplemented this with a case analysis of the litigation.ResultsThe majority of LQTS testing was carried out outside Canada. Rising costs prompted several provinces to attempt to repatriate testing. However, LQTS gene patents stymied efforts, particularly in provinces where testing was more centralized, increasing costs and lowering innovation. It was in this context that a hospital launched a test case against the LQTS patents, resulting in a novel agreement to free Canadian hospitals from the effects of patents.ConclusionOur analysis reveals a rapidly evolving genetic test provision landscape under pressure from gene patents, strained budgets and poor collaboration. The litigation resulted in a blueprint for free public use of gene patents throughout Canada's health-care system, but it will only have value if governments are proactive in its use.

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“…Specifically, we address the following research questions: The method to answer these questions (Box 1) is derived from similar methods used to analyze the impact of Mayo and Myriad. 2,7,8,9 Results & Examples We identified 407 patent cases where applicants cited Vanda in their response to a USPTO office action containing a 35 USC 101 rejection citing Mayo.…”

Section: Research Questionsmentioning

confidence: 99%