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Mannheim, January 29, 2001
European Patent Office Issues Intermediate Decision modifying
HIV-1 Patent Claims by Chiron
The Technical Board of Appeals of the European Patent Office in
Munich, Germany, has issued an intermediate decision on January
26, finding that the claims stemming from European Patent EP 181
150 by Chiron Corporation can be upheld only in modified form. The
patent claims pertain to immunoassays and PCR tests for HIV-1. Regarding
HIV-1 tests based on polymerase chain reaction (PCR) technology,
Roche had already obtained the necessary license for in-vitro diagnostic
tests from Chiron in October 2000. Roche is the only company licensed
by Chiron to develop, manufacture and sell PCR-based HIV-1 tests.
As for HIV PCR tests used for screening donated blood and plasma
products, Roche Diagnostics is confident that it will reach a licensing
agreement with Chiron on acceptable terms in the near future.
The Technical Board of Appeals‘ intermediate decision restricts
Chiron‘s European patent claims concerning immunoassay tests
for HIV-1. Roche Diagnostics maintains that its own immunoassay
tests do not come within any valid claims.
The European Patent had been granted to Chiron in 1993, but Roche
and other companies had opposed this patent with the European Patent
Office, as they considered the patent non-valid.
Today‘s intermediate decision by the Board of Appeals of the
European Patent Office will apply to European countries with major
clinical diagnostic and blood screening markets.
Headquartered in Basel, Switzerland, Roche is one of the world’s
leading research-oriented healthcare groups in the fields of pharmaceuticals,
diagnostics and vitamins. Roche’s innovative products and services
address the prevention, diagnosis and treatment of disease, thus
enhancing people’s well-being and quality of life. Roche has
approximately 63,900 employees and sells its products in over 170
countries. The Roche Group posted sales of 20.3 billion Swiss francs
in the first nine months of 2000. In the first half of 2000 the
company’s net income amounted to 3 billion Swiss francs. It
invested 1.9 billion Swiss francs in research and development. Through
the company's Diagnostics Division, innovative testing products
and services are made available to physicians, patients, hospitals
and laboratories worldwide.
For more information please contact:
Dr. Marianne Gretz
Phone: +49 (0) 621 - 759 23 24
Fax: +49 (0) 621 - 759 29 02
Marianne.Gretz@Roche.com
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