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Expert Analysis

Gene Patents Won't Disappear Post-Myriad

Law360, New York ( July 22, 2013, 12:50 PM EDT) -- On June 13, 2013, the U.S. Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics Inc.[1] The question before the court was: Are human genes patentable?[2] The resounding unanimous answer given will change the practice of gene patenting from now on: Although complementary DNA ("cDNA") may be patent-eligible under 35 U.S.C. § 101, isolated genomic DNA is not. The decision to deny patent eligibility for an isolated nucleic acid reversed the U.S. Patent and Trademark Office's long history of granting such patents. Although the ultimate impact of Myriad is yet to be determined, some of the likely effects can already be predicted....

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