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A top research center in France is challenging the patent awarded
by the European patent office to Myriad Genetics of Salt Lake
City for a test to screen for predisposition to breast cancer.
The Institut
Curie claims that the patent, granted last January, gives Myriad
an abusive monopoly and threatens basic research. The French ministry
of health and the ministry of research also support the claim.
Under the
patent, physicians have to send DNA samples to Myriad for detection
of the BRCA 1 gene mutation.
"Giving in
to this monopoly would bring about an intolerable loss of data
and expertise for French laboratories," said Dr. Dominique Stoppa-Lyonnet,
head of diagnostic tests at the institute.
Stoppa-Lyonnet
claims that Myriad's test missed 10 to 20 percent of mutations
and costs significantly more than a similar test developed in
France. The appeal procedure can last for up to five years.
Other
Sources: British Medical Journal
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