EPO revokes Roche patent on PCR technology

The European Patent Office has revoked a key patent owned by Swisspharmaceutical firm Roche covering components used in DNA analysis via the polymerase chain reaction. Specifically, the EPO's action covers a patent (EPO-0-258-017 B1) claiming intellectual property on a number of important enzymes, including both native and recombinant forms of Taq DNA polymerase, used in PCR and gene sequencing.

After hearing expert testimony over the course of three days, the EPO found on May 30 that the patent was invalid because it lacked novelty and was obviously based on prior art. The verdict is consistent with decisions in other countries on similar patents, most recently the 1999 US court decision which held that the '818 patent on Taq polymerase held by Roche was unenforceable due to fraud in obtaining it, as well as a similar finding in Australia (Marketletters passim).

Roche appealed the US fraud ruling via the Federal Circuit Court of Appeals in Washington DC, with the latest hearing held on May 10, and a decision is expected in late-2001 or early-2002. In Australia, a decision is pending from the Australian Federal Court to determine whether the country's patent office acted properly in allowing Roche to amend its patent to remove statements that were the basis for a finding of fraud in the US case.