Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 92001E2676

**WRITTEN QUESTION E-2676/01 by Raffaele Costa (PPE-DE) to the Commission. Patents on genetic tests.** 
  
*Official Journal 081 E , 04/04/2002 P. 0200 - 0201*

  

WRITTEN QUESTION E-2676/01

by Raffaele Costa (PPE-DE) to the Commission

(2 October 2001)

Subject: Patents on genetic tests

The European Patent Office recently granted the American company Myriad Genetics a monopoly on patents on genetic tests to screen for predisposition to breast and ovarian cancer. The Institut Curie, a well-known French research centre which has the backing of the French Government, has decided to take legal action in the matter, arguing that the existing patents system is ill-suited to deal with public health issues. What position does the Commission intend to adopt on this matter and what action does it intend to take?

Answer given by Mr Bolkestein on behalf of the Commission

(14 November 2001)

The Commission considers that there are no compelling reasons for it to lodge opposition, since the disputed patent does not seem to violate basic ethical standards but concerns rather the scope of protection which can be granted to an invention relating to a DNA sequence.

It should be noted that this patent seems to be of scientific interest. It should enable improved screening for female breast cancer. However, as a result of the appeals lodged against this patent by third parties, it is for the Opposition Division and Boards of Appeal to decide on the patentability of the patent awarded and on the scope of protection to be granted.

The Commission will study in detail the question of the scope of protection for inventions relating to genetic sequences and will send its observations to the Council and to the Parliament in the reports provided for under Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions(1).

(1) OJ L 213, 30.7.1998.

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