In Association of Molecular Pathology v. Myriad Genetics the Supreme Court continues to narrow patent protection afforded the biotech industry. The Court held naturally occurring DNA is a product of nature thus ineligible for patent protection. In contrast, synthetic cDNA appears to be eligible, because it is not naturally occurring. This decision aims at DNA product claims rather than methods of isolating DNA.
For detailed commentary: Groklaw Naturally Occurring Human Genes Not Patentable - Myriad Loses - Our Genes Belong to Us, IP Watchdog Supremes Isolated DNA and Some cDNA Ineligible and Tom Goldstein of SCOTUSblog Details on Association for Molecular Pathology v. Myriad Genetics, Inc.
Copyright © 2013 Robert Moll. All rights reserved.
