Human Genome/Patenting

Oxford Biomedica PLC
16 March 2000


For further information, please contact:

Oxford BioMedica plc
Professor Alan Kingsman, Chief Executive             Tel: [phone]
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OXFORD BIOMEDICA PLC

COMMENT ON HUMAN GENOME / PATENTING ISSUE

Oxford, England - 15 March 2000. Oxford BioMedica has noted the recent news
items concerning the public availability of human genome data which have
coincided with a large adjustment of biotech share prices. As the UK's leading
gene-based therapy company Oxford BioMedica would like to comment on three key
aspects of these news items in relation to the Company and to the sector as a
whole.

1. Gene discovery vs. gene use
There is a major distinction between gene discovery and gene use. There are
about 200,000 genes in the human genome and they are there to be discovered
which is the goal of the human genome project and related activities. In
general, discoveries cannot, and we believe should not, be patented.  However,
if one takes a discovery and uses it to make a product, the product is a
patentable  invention. This was clearly endorsed in the statements by
President Clinton and Tony Blair.

Consequently, when a company such as BioMedica takes a gene and places it into
a modified virus to produce a gene therapy product or a tumour vaccine
product, that product is patentable and BioMedica has many such patents.

 2. Human genome data availability
The public availability of the human genome data is an advantage, not a
disadvantage, to companies such as Oxford BioMedica that develop new
therapies, because they are able to use the data in their product development
programmes.  BioMedica is able to access all of these data and use the
information to design and build new gene-based products.  In many cases
entirely new, artificial genes will be constructed from information contained
in the natural genes discovered by the genome programme. These new artificial
genes are inventions, not discoveries, and are therefore patentable. BioMedica
has several patents covering artificial genes.

3. Effect on product pipelines
Many companies in the sector, including Oxford BioMedica are not dependent on
the human genome data for their current product pipeline. Products under
development are usually based on information that is already available and has
not come from human genomics. Therefore, the free availability of human genome
data should not negatively impact on their valuations. Even gene-based
companies like BioMedica have sufficient genes to feed their product
development pipelines for the present. 

In the future, Oxford BioMedica looks forward to using the human genome
discoveries to accelerate the development of new patentable medicines for
major unmet medical needs.

Background information

Oxford BioMedica plc
Established in 1995, the Company specialises in the development and
application of gene-based therapeutics using advanced gene delivery
technologies for the treatment of disease in the areas of Oncology, Viral
Infection, Neurobiology and Genetic Deficiency.  Oxford BioMedica plc was
floated on the UK Alternative Investment Market of the London Stock Exchange
in December 1996.


Worldwide web
This release is also available on the Worldwide Web at
http://www.oxfordbiomedica.co.uk