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Public oral proceedings on the "Breast Cancer Gene 2" patent at the European Patent Office

Munich, 28 June 2005 1 - An opposition division of the European Patent Office (EPO) will hold public oral proceedings in opposition against a European patent granted in January 2003 to the US company Myriad Genetics. After a transfer of rights the patent is now jointly owned by the University of Utah Research Foundation, Salt Lake City/US; Endo Recherche Inc., Quebec/Canada; the Trustees of the University of Pennsylvania, Philadelphia/US and HSC Research and Development Limited Partnership, Toronto/Canada.

European patent EP0785216 B1 as granted relates to "Chromosome 13-linked breast cancer susceptibility gene BRCA2". Amongst other aspects it describes the use of a specific mutant form of that gene for diagnosing a predisposition for breast cancer. The patent was opposed in October 2003 by the Belgian Society of Human Genetics, representing 16 different organisations, and the French Institut Curie, representing another two organisations. The opponents request revocation of the patent for technical reasons as well as on ethical grounds under the provisions of the European patent law. The patent proprietor has filed a new main request, asking that the patent be maintained in amended form.

The opposition division, an independent panel of three patent examiners, will consider the arguments for and against the contested patent as foreseen by the EPO's opposition procedure. The outcome may be challenged by the parties involved in a second-instance procedure before the Technical Boards of Appeal of the EPO.

The hearing will begin at 09.00 hrs on 29 June at the EPO's "PschorrHöfe" building, Bayerstrasse 34, room 3468. Anyone interested is free to attend, but admission will be on a first-come-first-served basis, as seating capacity is limited. A number of seats will be reserved for journalists. Please contact the EPO's press department (press@epo.org) if you wish to attend.

Information for journalists:

1. The EPO's task is to assess the technical detail of some 180 000 incoming patent applications per year. Any member of the public may submit observations at any stage of the patent examination procedure, and oppose any patent up to 9 months after grant. All patent files can be inspected free of charge via the EPO's epoline® patent information services. The data pertaining to the patent in suit can be found here: http://register.epoline.org/espacenet/regviewer?AP=EP19960309211
   
   
2. The EPO is the patent granting authority for Europe. With more than 6000 staff at its sites in Munich (headquarters), The Hague, Berlin and Vienna, the EPO is the second-largest European institution after the European Commission. Its task is to grant European patents in a standardised, centralised patent grant procedure for the 31 contracting states of the European Patent Convention (EPC), plus a number of other European states which recognize European patents for their territory without being a member of the European Patent Organisation. In carrying out its work, the Office strictly applies the patent law laid down in the EPC which is its legal basis.
   
   
3. Hearings (oral proceedings) form an integral part of opposition procedure under the European Patent Convention, a legal remedy that allows anybody to contest European patents. Around 6% of the European patents granted every year are opposed. The period for filing an opposition ends nine months after the patent has been granted. In a special quasi-judicial procedure involving the interested parties, the EPO opposition division decides whether the contested patent is to be maintained, amended or revoked.
   
   
4. For more information, please contact:

   European Patent Office
   Media Relations Department
   80298 Munich/Germany

   Tel: +4989/23995012
   press@epo.org

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¹ For media use only, not legally binding