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March 25, 2009


-Basic and clinical research, including genetic testing in clinical trials or health-services research

-Research and development to make testing more comprehensive, more accurate or less expensive

Might the above already be exempt from infringement of an existing patent under 271(e)(1)?

Dear Julie:

Provided these activities were performed for ANYTHING used to support a regulatory filing, you could be right. I think the auhors' point was that companies like Myriad Genetics could use the patent right to preclude these activities (I am skeptical about their claim) UNLESS they were exempt under 271(e)(1).

Thanks for the comment.

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