Myriad Ruling: Some Clarity, Some Uncertainty For Biotech

Law360, New York (June 13, 2013, 6:18 PM EDT) -- On June 13, 2013, the United States Supreme Court issued its long-awaited decision in Ass’n for Molecular Pathology v. U.S. Patent and Trademark Office, addressing the controversial question of whether DNA is patent-eligible subject matter under 35 U.S.C. § 101. Drawing a line between two different forms of DNA molecules, the Supreme Court held that isolated DNA is an unpatentable product of nature while cDNA is a non-naturally occurring genetic sequence, and is patentable under the statute. Isolated DNA (or isolated genomic DNA) is DNA taken...
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