From Wikipedia,
the free encyclopedia.
The Oncomouse or
Harvard mouse is a type of
laboratory mouse that has been
genetically modified to carry
a specific
gene called an activated
oncogene. The activated
oncogene significantly increases
the mouse’s susceptibility to
cancer, and thus makes the
mouse suitable for
cancer research.
Patent applications on the
oncomouse were filed back in the
mid-1980s
in numerous countries such as in
the
United States, in
Canada and in
Europe through the
European Patent Office (EPO).
European patent application
85304490.7 was filed in June
1985 by "The President and
Fellows of
Harvard College". It was
initially refused in
1989 by an examination
division of the European Patent
Office among other things on the
grounds that the
European Patent Convention (EPC)
excludes patentability of
animals per se. The decision
was
appealed and the
Board of Appeal held that
animal varieties were excluded
of patentability by the EPC (and
especially its Article 53(b)),
while animals (as such)
were not excluded from
patentability (T 19/90
[1]). The examination division
then granted the patent in
1992 (its publication number
is EP 0169672).
The European patent was then
opposed by several third
parties, more precisely by 17
opponents, notably on the grounds
laid out in Art. 53(a) EPC
[2], according to which
"inventions, the publication or
exploitation of which would be
contrary to "ordre public" (public
order) or
morality" are excluded from
patentability. After
opposition proceedings took place
in November
2001, the patent has been
maintained in amended form. This
decision was then appealed and the
appeal decision was taken on
July 6,
2004 (T 315/03
[3]). The case was remitted to
the first instance, i.e. the
opposition division, with the
order to maintain the patent on a
newly amended form.
See also
