Mol. Path v. Myriad: Isolated Human DNA is Not Patent-Eligible Subject Matter -On June 13, 2013, the U.S. Supreme Court held that naturally occurring, isolated human DNA was not patentable subject matter. The litigation involved Myriad’s patents covering, inter alia, isolated human DNA sequences known as the BRCA1 and BRCA2 genes. Mutations in one of these genes can dramatically increase an individual’s risk of developing certain kinds of breast and ovarian cancer. Myriad’s patents were challenged by physicians, researchers, patients, and others, who argued that the claims were not directed to patentable subject matter pursuant to 35 U.S.C. § 101. A panel of the Federal Circuit Court of Appeals held that the claims directed to isolated human DNA segments and cDNA, synthetic DNA created in a laboratory, were patent-eligible subject matter. In a landmark decision, the Supreme Court held that Myriad’s claims directed to naturally occurring, yet isolated segments of human DNA were natural phenomena and not “new and useful…composition of matter” within the meaning of section 101.
Posted on: Mon, 01 Jul 2013 00:22:26 +0000
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