Fed. Circ. Urged To Revive 'Inventive' DNA Patent

Law360, Washington (December 7, 2015, 6:38 PM EST) -- Genetic Technologies Ltd. urged a Federal Circuit panel Monday to revive a DNA technology patent successfully challenged by Bristol-Myers Squibb Co. for claiming a process found in nature, arguing the patent includes an “inventive concept” for finding genetic variations in DNA.

The company told a three-judge panel that the first claim of its patent applied existing technology “in a brand new way” and should thus be considered eligible.

Inventor Malcolm Simons had allegedly discovered that sequences in noncoding regions of DNA — those that do not contain blueprints for synthesizing proteins — are sometimes inherited together with sequences in coding regions. As a...

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