BIO Highlights Serious Flaws in Recommendations of Draft Report on Gene Patents and Patient Access to Genetic Tests

Proposed Changes Would Risk U.S. Global Leadership in Research and Development
and Harm Patients

WASHINGTON--(Business Wire)--
The Biotechnology Industry Organization (BIO) provided comments yesterday to the
Secretary`s Advisory Committee on Genetics, Health and Society regarding its
draft report on Gene Patenting and Licensing and Their Impact on Patient Access
to Genetic Tests. The report makes several recommendations that would restrict
the ability to obtain or undermine the enforceability of patents and exclusive
licenses with respect to genetic tests.

"While BIO and our member companies strongly support the mission of the
Committee and its goal of improving patient access to genetic tests, we must
strongly disagree with its recommendations," stated BIO President and CEO Jim
Greenwood. "If implemented, these recommendations would do far more harm than
good to patients, particularly the patients of tomorrow who will rely on biotech
innovation to bring the promise of personalized medicine to reality."

In its comments, BIO took issue with many of the draft report`s recommendations,
which were not supported by the Committee`s own findings and case studies. Those
findings and case studies show how patenting and exclusive licensing practices
can be necessary to foster the development of valuable genetics tests for
patients, particularly those with rare disorders, and that they have other
positive impacts - such as incentives to promote physician and patient
education, broader insurance coverage, and improved compliance. Those real
benefits were largely ignored by the Committee in proposing its over-reaching
and restrictive recommendations.

"The patent, licensing, and tech transfer system in this country is, by any
objective measure, working quite well overall. The evidence shows that decisions
about what patents to seek and how best to license them are decisions that are
best made by the researchers and their commercial partners, who have the
greatest incentives to achieve widespread patient access to their discoveries,"
concluded Greenwood. "Enacting these recommendations would risk thousands of
jobs across the country by stifling university-industry partnerships and
undermine the country`s global leadership in biotech innovation."

Today`s comments are available at
http://bio.org/ip/domestic/SACGHS_Oral_Statement%2010-8-09.pdf. BIO`s more
comprehensive comments on the draft report which were submitted earlier this
year are available at
http://bio.org/ip/domestic/documents/SACGHSBIOComments5-09.pdf.

About BIO

BIO represents more than 1,200 biotechnology companies, academic institutions,
state biotechnology centers and related organizations across the United States
and in more than 30 other nations. BIO members are involved in the research and
development of innovative healthcare, agricultural, industrial and environmental
biotechnology products. BIO also produces the BIO International Convention, the
world`s largest gathering of the biotechnology industry, along with
industry-leading investor and partnering meetings held around the world.

Upcoming BIO Events

BIO Investor Forum
October 28-29, 2009
San Francisco, CA

Advanced Business Development Course
October 30, 2009
Vienna, Austria

BIO Europe International Partnering Conference
November 2-4, 2009
Vienna, Austria

Pacific Rim Summit on Industrial Biotechnology and Bioenergy
November 8-11, 2009
Honolulu, HI

Biotechnology Industry Organization (BIO)
Stephanie Fischer, 202-312-9263
sfischer@bio.org
www.bio.org

Copyright Business Wire 2009