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Encyclopedia > Oncomouse

The OncoMouse or Harvard mouse is a type of laboratory mouse that has been genetically modified using modifications designed by Philip Leder and Timothy Stewart of Harvard University 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. The rights to the invention are owned by Dupont. OncoMouse(R) is a registered trademark. [1] Binomial name Mus musculus Linnaeus, 1758 Mus musculus is the common house mouse. ... Kenyans examining insect-resistant transgenic Bt corn. ... Philip Leder (b. ... Harvard University (incorporated as The President and Fellows of Harvard College) is a private university in Cambridge, Massachusetts, USA and a member of the Ivy League. ... For other uses, see Gene (disambiguation). ... An oncogene is a modified gene that increases the malignancy of a tumor cell. ... Cancer is a class of diseases or disorders characterized by uncontrolled division of cells and the ability of these to spread, either by direct growth into adjacent tissue through invasion, or by implantation into distant sites by metastasis (where cancer cells are transported through the bloodstream or lymphatic system). ... Cancer research is research into cancer in order to identify causes and develop strategies for prevention, diagnosis, treatments and cure. ...


Patent applications on the OncoMouse were filed back in the mid-1980s in numerous countries such as in the United States, in Canada, in Europe through the European Patent Office (EPO) and in Japan. For other uses, see Patent (disambiguation). ... The 1980s refers to the years from 1980 to 1989. ... For other uses, see Europe (disambiguation). ... The European Patent Organisation (EPO or EPOrg in order to distinguish it from the European Patent Office, which is one of the two organs of the organisation [1]) is a public international organisation set up by the European Patent Convention (EPC). ...

Contents

Patent procedures

Canada

In Canada, the Supreme Court in 2002 rejected the patent in Harvard College v. Canada (Commissioner of Patents), overturning a Federal Court of Appeal verdict which ruled in favor of the patent by overturning a lower court's rejection. However, on 7 October 2003, Canadian patent 1,341,442 CA patent 1341442 was granted to Harvard College. The patent was amended to omit the "composition of matter" claims on the transgenic mice. The Supreme Court had rejected the entire patent application on the basis of these claims, but Canadian patent law allowed the amended claims to grant under pre-GATT rules and the patent remains valid until 2020. The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ... Harvard College v. ... The Federal Court of Appeal is a Canadian appellate court that hears cases concerning federal matters arising from certain federal Acts. ... The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. ...


Europe (through the 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.[2] The examination division then granted the patent in 1992 (its publication number is EP 0169672). The European Patent Organisation (EPO or EPOrg in order to distinguish it from the European Patent Office, which is one of the two organs of the organisation [1]) is a public international organisation set up by the European Patent Convention (EPC). ... This article is about the year. ... Harvard Yard Harvard College is the undergraduate section and oldest school of Harvard University, founded in 1636 by the Massachusetts Legislature. ... Year 1989 (MCMLXXXIX) was a common year starting on Sunday (link displays 1989 Gregorian calendar). ... The Convention on the Grant of European Patents of 5 October 1973, commonly known as the European Patent Convention (EPC), is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to which European patents are granted. ... For other uses, see Animal (disambiguation). ... In law, an appeal is a process for making a formal challenge to an official decision. ... Decisions of the first instances of the European Patent Office (EPO) can be appealed, i. ... Year 1992 (MCMXCII) was a leap year starting on Wednesday (link will display full 1992 Gregorian calendar). ...


The European patent was then opposed by several third parties, more precisely by 17 opponents, notably on the grounds laid out in Article 53(a) EPC,[3] according to which "inventions, the publication or exploitation of which would be contrary to "public policy" 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.[4] 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. The opposition procedure before the European Patent Office (EPO) is a post-grant inter partes procedure intended to allow any European patent to be centrally opposed if it was wrongly granted. ... Public policy or ordre public is the body of fundamental principles that underpin the operation of legal systems in each state. ... Morality (from the Latin manner, character, proper behaviour) has three principal meanings. ... Within the context of a national or multilateral body of law, an invention is patentable if it meets the relevant legal conditions to be granted a patent. ... Year 2001 (MMI) was a common year starting on Monday (link displays the 2001 Gregorian calendar). ... is the 187th day of the year (188th in leap years) in the Gregorian calendar. ... Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ...


United States

In 1988, the United States Patent and Trademark Office (USPTO) granted U.S. Patent 4,736,866  to Harvard College claiming “a transgenic non-human mammal whose germ cells and somatic cells contain a re-combinant activated oncogene sequence introduced into said mammal…” The claim explicitly excluded humans, apparently reflecting moral and legal concerns about patents on human beings, and about modification of the human genome. Remarkably, there were no US courts called to decide on the validity of this patent. Two separate patents were issued to Harvard College covering methods for providing a cell culture from a transgenic non-human animal (U.S. 5,087,571) and testing methods using transgenic mice expressing an oncogene (U.S. 5,925,803). U.S. 5,925,803 expires in July 2016. Year 1988 (MCMLXXXVIII) was a leap year starting on Friday (link displays 1988 Gregorian calendar). ... PTO headquarters in Alexandria The United States Patent and Trademark Office (PTO or USPTO) is an agency in the United States Department of Commerce that provides patent and trademark protection to inventors and businesses for their inventions and corporate and product identification. ... Patent claims are usually in the form of a series of numbered expressions, or more precisely noun phrases, following the description of the invention in a patent or patent application, and define, in technical terms, the extent of the protection conferred by a patent or by a patent application. ...


References

  1. ^ Trademark: USPTO serial number 75797027
  2. ^ EPO board of appeal decision T 19/90 of October 3, 1990.
  3. ^ Article 53 of the European Patent Convention (EPC).
  4. ^ EPO board of appeal decision T 315/03 of July 6, 2004.

Further reading

  • Andrew Sharples, The EPO and the Oncomouse: good news for whales, giraffes and patent examiners, The CIPA Journal, April 2003

The Chartered Institute of Patent Attorneys (CIPA) is the British professional body of patent attorneys. ...

See also


  Results from FactBites:
 
Cabinet Chaillot : Patentability of the Harvard transgenic mouse in Canada (264 words)
The FCC considers that an oncomouse is a "composition of matter" according to patent claim 1, because it is a mouse in which one has introduced an oncogene sequence.
The FCC also underlines that the oncomouse is not a discovery of a natura phenomenom, even if mice with a genetic predisposition to develop cancer exist in the nature.
The FCC precises that to permit the patentability of living organisms as "composition of matter" does not involve the patentability of the human beings, the patent being a form of ownership of property and the possession of human beings being impossible according to the Charter of Rights and Freedoms.
Oncomouse (319 words)
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.
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".
  More results at FactBites »

 
 

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