The patent, number 699,754, was filed by Myriad Genetics, the University of Utah Research Foundation and the USA. It was published in 1996.
As approved by the Board, it covers diagnostic methods for detecting a predisposition for breast and ovarian cancer caused by a specific group of mutations of the gene (frame-shift mutations).
But it does not contain claims to the BRCA1 gene itself or mutated forms of the gene.
The patent, one of three covering breast cancer genes filed by biotech company Myriad, attracted controversy due to its subject matter and Myriad’s refusal to widely license.
After the patent was granted in 2001, several French research institutes and national centres for human genetics filed oppositions. The opposition division revoked the patent in May 2004.
Now the Technical Board of Appeal has set aside that decision and maintained the patent in amended form.
The patent is now owned by the University and the USA.
The decision of the Technical Board was announced today, but its reasoning will be published later.
A patent for the BRCA2 gene was also upheld in amended form in 2005.
