DOJ's Policy Shift Could Change Future Of DNA IP

Law360, New York (November 2, 2010, 7:53 PM EDT) -- Merely by taking the position that isolated DNA is not patentable — a stance contrary to long-standing U.S. Patent and Trademark Office practice — the Department of Justice has increased the chances that thousands of patents for isolated products of nature will end up nixed, attorneys say.

The DOJ lodged an amicus brief Friday in ongoing, high-profile litigation over the patentability of human genes, stating its position that, while genes altered by scientists are patent-eligible, genes merely isolated from the body are not.

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