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NIH and Private Industry in Legal Battle over Breast Cancer Gene Patent

January 1, 1995
Publication
Article
Oncology NEWS InternationalOncology NEWS International Vol 4 No 1
Volume 4
Issue 1

WASHINGTON--The National Institutes of Health (NIH) is disputing the commercial rights to the newly discovered breast cancer gene BRCA1. In a move that could affect how much women pay for screening when such a test becomes available, scientists at the University of Utah and Myriad Genetics, Inc. failed to include NIH as a collaborator when it applied to patent the gene. The NIH has filed a counter application.

WASHINGTON--The National Institutes of Health (NIH) is disputingthe commercial rights to the newly discovered breast cancer geneBRCA1. In a move that could affect how much women pay for screeningwhen such a test becomes available, scientists at the Universityof Utah and Myriad Genetics, Inc. failed to include NIH as a collaboratorwhen it applied to patent the gene. The NIH has filed a counterapplication.

BRCA1 was discovered partly by NIH scientists using taxpayer funds,but unless NIH is successful in its legal effort, the federalgovernment would have no control over how commercial results ofthe discovery are marketed. A patent arising out of discoveryof the new gene would give the patent holder a 17-year monopolyon the sale of diagnostic tests and/or pharmaceuticals developedfrom it.

According to NIH Director Harold Varmus, agency lawyers will tryto resolve the dispute in an effort to avoid going to court.

Articles in this issue

MDs Fear Managed Care Equals Lower-Quality Care
Dallas Medical Center Launches Umbilical Stem Cell Project
Navelbine Receives FDA Approval for Advanced Non-Small -Cell Lung Cancer
European Trials Show Dose-Related Efficacy of Docetaxel In Metastatic Breast Cancer, Value of Steroid Pretreatment
Ethyol Approved for Use in the UK
Success of Breast Conserving Surgery Is Not Diminished in Community Setting
Assessment Tools Are Essential to Improve Management of Pain
Undertreating Pain Costs Money in the Long Run, Physician Warns
After 5 Years as Head, Dr. Broder Plans to Resign His Post at NCI
EORTC Endometrial Ca Trial Challenges Findings From GOG
Heterosexual AIDS Cases Up Sharply, But Numbers Remain Small
Antibiotic Regimen Leads to Lymphoma Regression
Look for Incremental Insurance Reform Steps With New Congress
Court Upholds Patents on AZT
Advances Reported in Phase I/II Trials of Radioimmunotherapy for Breast Cancer
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Leading experts in the breast cancer field highlight the use of CDK4/6 inhibitors, antibody-drug conjugates, and other treatment modalities.
Patients with node-negative disease who are older and have comorbidities may not be suitable to receive CDK4/6 inhibitors.
An observed carryover effect with CDK4/6 inhibitors may reduce the risk of recurrence years after a patient stops treatment.
Breast oncologist Jade E. Jones, MD, says she tries to send patients with BRCA-mutant HR-positive TNBC to clinical trials that use PARP inhibitors.
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