GENET archive



genet-news mailing list

Dear all
A quick first report from the trial re oncomouse-patent:
The trial re our opposition was on Nov. 6 to 8 at the  European Patent
Office (EPA) - a reopening of the procedure, which collapsed with an eclat
- and without a decision -  in 1996.

Main issue this time was 'ethics' (Art. 53a). Yesterday afternoon the
opposition division then decided to grant the patent, but reduced  to
genetically engineered rodents (and not all nonhuman mammals). This
cosmetic correction was established on grounds of  Art 53a  - the claim for
all mammals, in the opinion of the opposition division, was too vague and
thus contradicted 53a. So now all rodents - be it rabbits, marmots or
beavers - with an inserted cancer-gene are patented -as if this would be
more ethical than say elefants or dogs.

We probably will go on with the case - we will decide  after we get the
written decision.

In a hurry, with all my best regards

Florianne Koechlin
Blauenstrasse 15
CH 4142 Münchenstein