We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Are DNA Patent Claims Endangered?

Law360 (August 5, 2007, 12:00 AM EDT) -- The Board of Patent Appeals and Interference recently released a precedential opinion that could be the death knell to biotech DNA patents and applications. In In re Kubin, App. No. 2007- 0819 (Bd. Pat. App. Int. May 31, 2007) the Board affirmed the rejection of DNA claims based upon the prior disclosure of the encoded protein.

The Board based its affirmance on the Supreme Court’s decision in KSR Int’l Co. v. Teleflex Inc., 127 S. Ct. 1727, 82 U.S.P.Q. 2d 1385 (2007) and rejected the Court...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.