The Association for Molecular Pathology et al. v United States Patent and Trademark Office and Myriad Genetics, Inc, et al. (2010-1406)

2011 ◽  
Vol 30 (6) ◽  
pp. 733-764 ◽  
Keyword(s):  
United States ◽  
Molecular Pathology ◽  
United States Patent ◽  
Myriad Genetics ◽  
States Patent

The Product of Nature Doctrine in the Myriad Saga II

2013 ◽  
Vol 4 (3) ◽  
pp. 409-417
Author(s):  
Emanuela Gambini
Keyword(s):  
United States ◽  
Dna Sequences ◽  
Molecular Pathology ◽  
The United States ◽  
Case Note ◽  
United States Patent ◽  
Naturally Occurring ◽  
Myriad Genetics ◽  
States Patent ◽  
The U.S

In June 2013, the U.S. Supreme Court decided Association for Molecular Pathology et al. v. Myriad Genetics, Inc., et al., holding that “a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because it is not naturally occurring”.This case note gives an overview of the U.S. Supreme Court's decision, which is focused on the product of nature doctrine, and discusses its implications for the implementation of the criterion of isolation to DNA sequences and the United States Patent and Trademark Office's long-standing practice of granting patents on isolated DNA sequences (author's headnote).

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