DNA and patent

The Supreme Court of the United States, with a decision dated June 13, 2013 on the case "Myriad" (between Association for molecular pathology and Myriad Genetics inc.), has ruled on the validity of patens granted to Myriad based on the discoveries of the exact location and sequence of genes BRCA1 and BRCA2, whose mutations are responsible for a sharp increase of the likelihood of developing cancer. The Supreme Court held, on the one hand, that the mere discovery of the location of these genes is not patentable because it is not a "new (....) composition of matter" pursuant to § 101 (Patent Act), and, on the other hand, the validity of the claims relating to artificially-created composite DNA sequences, since these sequences are new and different from the DNA from which they are derived and do not constitute a "product of nature".


06/28/2013 | Patent