June 2013 On June 13, 2013, in Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398 (June 13, 2013), the Supreme Court unanimously reversed the Federal Circuit by holding that claims to naturally occurring BRCA gene sequences are products of nature and therefore are not eligible for patent protection under 35 U.S.C. § 101. On the other hand, the Supreme Court held that man-made cDNA that differs from its native counterpart is patent eligible. The Supreme Court emphasized that it did not “consider the patentability of DNA in which the order of the naturally occurring nucleotides has been altered. Scientific alteration of the genetic code presents a different inquiry, and we express no opinion about the application of §101 to such endeavors. We merely hold that genes and the information they encode are not patent eligible under §101 simply because they have been isolated from the surrounding genetic material.” Slip op. at 18.
For a more detailed analysis of the Myriad decision, see http://www.finnegan.com/ipupdatemyriadreversingdecadesofusptopractice/.
Looking Ahead
