Gene Patents Won't Disappear Post-Myriad

Law360, New York (July 22, 2013, 12:50 PM EDT) -- On June 13, 2013, the U.S. Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics Inc.[1] The question before the court was: Are human genes patentable?[2] The resounding unanimous answer given will change the practice of gene patenting from now on: Although complementary DNA (“cDNA”) may be patent-eligible under 35 U.S.C. § 101, isolated genomic DNA is not. The decision to deny patent eligibility for an isolated nucleic acid reversed the U.S. Patent and Trademark Office’s long history of granting such patents....
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