The Future Of Patentable DNA: A Myriad Of Possibilities

In This Issue:

- Summary

- Case Analysis

- Implications

..Prokaryotic Nucleic Acid Sequences

..Short Segments of Eukaryotic DNA

..Promoters/Regulatory regions

..Isolated Proteins

..Antibodies

..Mutations

..Regulatory RNA sequences

..Genetically modified organisms

- Suggestions

..Issued Patents

..New or Presently Pending Applications

- For More Information

- Excerpt from Summary:

On Thursday, June 13, 2013, the Supreme Court held that a patent claim directed to “an isolated DNA molecule” was not patent eligible under 35 U.S.C. §101 solely because the DNA molecule had been “isolated” from the rest of the genome. The Court found, however, that a cDNA (complementary DNA) molecule may be patent eligible, because a cDNA molecule is “not found in nature.” This conclusion assumes that a cDNA molecule is different from the genomic sequence because it lacks intron sequences.

Please see full publication below for more information.

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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.

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