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Related Experiment Video

Updated: Jun 15, 2026

gDNA Enrichment by a Transposase-based Technology for NGS Analysis of the Whole Sequence of BRCA1, BRCA2, and 9 Genes Involved in DNA Damage Repair

gDNA Enrichment by a Transposase-based Technology for NGS Analysis of the Whole Sequence of BRCA1, BRCA2, and 9 Genes Involved in DNA Damage Repair

Published on: October 6, 2014

Metastasizing patent claims on BRCA1.

Thomas B Kepler¹, Colin Crossman, Robert Cook-Deegan

¹Department of Biostatistics and Bioinformatics, Duke University, Durham, NC 27705, USA. kepler@duke.edu

|March 16, 2010

Summary

Patent claims on DNA sequences, like the one for BRCA1, are surprisingly broad. Bioinformatics analysis reveals these claims cover millions of DNA sequences, impacting medical research and practice.

Area of Science:

Biotechnology
Bioinformatics
Intellectual Property Law

Background:

Patents frequently claim DNA sequences, including related oligonucleotides.
The scope and implications of such patent claims on biological research are often unclear.

Purpose of the Study:

To quantify the reach of a specific patent claim (US patent 4,747,282) on the BRCA1 gene.
To assess the potential impact of broad DNA sequence patent claims on scientific research and medical practice.

Main Methods:

Utilized bioinformatics tools to analyze the extent of patent claim coverage.
Examined human chromosome 1 and existing GenBank sequence data (cDNA and mRNA) for claimed oligonucleotides.

Main Results:

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Published on: February 17, 2011

The BRCA1 patent claim covers over 300,000 oligonucleotides on human chromosome 1, which does not contain BRCA1.

Approximately 80% of pre-patent cDNA and mRNA sequences in GenBank contain at least one oligonucleotide covered by the claim.

The claim extends to any "isolated" DNA molecule containing these 15 bp sequences.

Conclusions:

The analyzed patent claim is unexpectedly broad, potentially encompassing a vast number of DNA sequences.
Enforcement of such broad claims could significantly hinder medical practice and scientific research by creating widespread infringement risks.