Myriad案与基因专利的未来

Research on the Case of Myriad and the Future of Gene Patents

Myriad案(Association for Molecular Pathology v.United States Patent and Trademark Office)是近几年美国生物及医药领域最受关注的案件。这不仅因为Myriad公司所持有的BRCA1/2基因专利与乳腺癌诊断密切相关,从而关系到无数女性的健康。更重要的,该案是对美国专利商标局授予基因专利权这一做法的全面挑战。详细分析地方法院与联邦巡回上诉法院的判决要旨、法官观点的差异及BRCA1/2基因的可专利性,进而对基因专利的未来做出判断。由于Myriad案所体现的问题对于包括我国在内的所有授予基因专利权的国家都具有普遍性,最后分析了该案对我国专利法制的借鉴意义。

The case of Myriad attracted most attentions of the American biotechnology and pharmaceuticals industries in recent years. It is not just because that BRCA1/2 gene patents held by Myriad are closely related with the diagnosis of breast cancer, and then concerns the health of numerous women. Also, this case brings whole challenges against the gene patent rights awarded by USPTO. In this paper, the judgments of district court and Court of Appeals for the Federal Circuit, the different opinions of judges, the patentability of Myriad gene patents and the future of gene patents in U. S were analyzed in detail. As the issues raised by the case of Myriad are universal to all countries, including China, which awarded gene patents, the reference significance of this case for patent law in our country was discussed finally.