Are DNA Patent Claims Endangered?

Law360, New York (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...
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