Supreme Debate: Are Human Genes Patentable?


On April 15, 2013, tackling an issue of significant importance to the biotechnology and health care industries, the U.S. Supreme Court heard oral arguments over whether human genes are patentable and more specifically, whether isolated DNA is patentable.

The debate in the case, Association for Molecular Pathology v. Myriad Genetics, Inc., U.S., No. 12-398, centered around whether isolated DNA encoding BRCA1 polypeptides are unpatentable as products of nature. The patent at issue covers the isolated DNA molecules used for testing breast and ovarian cancer risk, which the Association for Molecular Pathology argued are not eligible for patents under 35 U.S.C. §101 because they are DNA found in nature. Myriad defended the patent as claiming isolated and extracted molecules created by the inventors as products of “manipulation.”

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Topics:  AMP v Myriad, DNA, Gene Patenting, Human Genes, Myriad, Patent-Eligible Subject Matter, Patents

Published In: Health Updates, Intellectual Property Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Venable LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »