A controversial patent on a breast cancer gene has been revoked by the European Patent Office, paving the way for cheaper screening across the continent. The verdict reflects the transatlantic disparities that make gene patents much tougher to uphold in Europe than in the US.The new EPO ruling means that the patent holder, Myriad Genetics of Salt Lake City, Utah, US, can no longer levy a licence fee for European screening tests that use the gene.The ruling, which the company can appeal against, follows a similar judgement in February in which another Myriad patent on a key breast cancer gene was overturned.The genes are called BRCA1 and BRCA2. Women with specific faults in the genes - about five per cent of the population - are especially prone to breast cancer. A number of screening tests can identify the faults, but usually required a payment to Myriad.
