Intellectual Property

VAN ZIMMEREN E, VERBEURE B, MATTHIJS G, VAN OVERWALLE G. (2006) A clearing house for diagnostic testing: the solution to ensure access to and use of patented genetic inventions?

Bull World Health Organ. 84:352-359. Epub 2006 May 17.

VAN OVERWALLE, G., VAN ZIMMEREN, E., VERBEURE, B., MATTHIJS, G., 'Models for facilitating access to patents on genetic inventions', Nature Review Genetics

[advance online publication, 29 December 2005; doi:10.1038/nrg1765]

The genetics community is increasingly concerned that patents might lead to restricted access to research and health care. We explore various measures that are designed to render patented genetic inventions accessible to further use in research, and to diagnosis and/or treatment. They include the often-recited research or experimental-use exemption, conventional one-to-one licensing and compulsory licensing, as well as patent pools and clearing-house mechanisms. The last two alternatives deserve special attention in the area of human genetics.

Nature Genetic Reviews (2006) 7:143-148. doi:10.1038/nrg1765; published online 29 December 2005

VERBEURE, B., MATTHIJS, G. & VAN OVERWALLE, G., 'Analysing DNA patents in relation with diagnostic genetic testing', European Journal of Human Genetics (EJHG)

[advance online publication, 12 October 2005; doi:10.1038/sj.ejhg.5201503]

In the ongoing debate concerning DNA patents, there is a need for empirical data. We aim at creating this data set for DNA patents related to diagnostic genetic testing. To this end we developed two tools to facilitate this process. First, we set up a search strategy to find the relevant patents. Second, we provide a claim classification template to assist the user in the assessment of the subject matter covered by the patent claims and in creating a comprehensive overview of the patent situation within this field. These tools have been used in a pilot study on 11 selected hereditary disorders. In addition, a detailed analysis of the familial breast and ovarian cancer genes patents retrieved by the developed search strategy and their claim classification, after meticulous reading of the documents, allowed us to better describe the problems which medical geneticists and researchers might face when dealing with the patented technology.

European Journal of Human Genetics (2006) 14, 26-33. doi:10.1038/sj.ejhg.5201503; published online 12 October 2005.

 

PATENTING AND LICENSING IN GENETIC TESTING: ETHICAL, LEGAL AND SOCIAL ISSUES

Sirpa Soini, Ségolène Aymé and Gert Matthijs the members of the Public and Professional Policy Committee (PPPC) and Patenting and Licensing Committee (PLC), on behalf of the ESHG The European Society of Human Genetics (ESHG) wants to involve the genetics community in the analysis of, and the discussions on, the practical, political, societal, ethical and economical aspects of patenting and licensing of genes, sequences and genetic tests.

http://www.nature.com/ejhg/journal/v16/n1s/index.html