Myriad — Fueling The Debate Over DNA Patents

Law360, New York (September 13, 2011, 12:57 PM EDT) -- The patent-eligibility of biotechnology inventions, in particular, of isolated genes and methods of using isolated genes, has been well settled for decades. Isolated genes, gene fragments and methods of using genes are patent-eligible subject matter. It is estimated that there are over 40,000 issued patents concerning DNA-related inventions. Whether such inventions should, however, be patent-eligible has been continuously debated.

The recent Federal Circuit decision in Association for Molecular Pathology v. Myriad Genetics Inc. has simultaneously reaffirmed the patent-eligibility of isolated genes and reignited the debate of...
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