Re:Gene Patent in Cancer Test Upheld by Appeals Panel
by carbocation on Saturday July 30, 2011 @02:29AM
(#2825073)
[citation needed]
Both Illumina and SOLiD are methods of sequencing by synthesis. Depending on how broadly you interpret the patent, both would potentially cause you to infringe.
There would be no patent infringement if you sequence an entire genome (including BRCA1 and BRCA2), as you are not dealing with the actual chemical processes or products covered by the patent.
They have a monopoly on their specific test, as it uses the chemical products covered by their patents (although the test aspect of the patent appears to have been thrown out).
Creating a different test based around, say Illumina or SOLiD sequencing is not going to infringe on this patent.