NEW YORK Nov 20 Myriad Genetics Inc (MYGN.O)has won an appeal at the European Patent Office, reinstating
its patent protection on a genetic testing method for
diagnosing cancer risk.
The appeals board at the Munich-based agency said on
Thursday the patent for diagnosing a predisposition for cancer
was to be maintained, although in an amended form.
Myriad, a biotechnology company based in Salt Lake City,
first made headlines in 1994 by discovering a hereditary breast
cancer gene. It markets a test for harmful variants of the
The granting of the European patent had been opposed by a
number of parties including several French research institutes
and various national centers for human genetics.
The patent office had revoked the patent in May 2004,
leading to the appeal by Myriad. The revised patent is more
limited in scope than the original and does not contain claims
directed to the BRCA1 gene itself, the patent office said in a
(Reporting by Ben Hirschler; Editing by Maureen Bavdek)