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The Federal Circuit Reaffirms the Patent Eligibility of Certain Inventive Products and Methods Based on Human DNA Sequences: What Will the Supreme Court Say About That?

Reproduced with permission from Life Sciences Law & Industry Report, 6 LSLR 1025, 10/5/2012. Copyright © 2012 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

While some enjoyed a restful summer vacation, the Federal Circuit was hard at work considering issues on remand from the Supreme Court in Association for Molecular Pathology v. United States Patent and Trademark Office.1 Despite the court’s Aug. 20 decision, more questions than answers may remain as to the patent eligibility of inventions based on or derived from naturally occurring DNA sequences under 35 U.S.C. § 101. This is particularly true given the entrenched views of those on either side of the debate.

1 No. 2010-1406 (Fed. Cir.).

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The Federal Circuit Reaffirms the Patent Eligibility of Certain Inventive Products and Methods Based on Human DNA Sequences: What Will the Supreme Court Say About That?

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