Read the full article (PDF) >
Perhaps no other Supreme Court case involving patent law has attracted as much public attention as Association for Molecular Pathology v. Myriad Genetics Inc1. In a June 13, 2013, opinion authored by Justice Clarence Thomas, the Court unanimously held that
a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA2 is patent eligible because it is not naturally occurring.3
This seemingly straightforward bright-line rule establishes that, contrary to the past practices of the U.S. Patent and Trademark Office (‘‘USPTO’’), a gene is not a ‘‘chemical compound, albeit a complex one.’’4 Instead, DNA is identified primarily by its sequence, and after Myriad, those DNA sequences that occur in nature may not enjoy patent protection.
The articles on our Website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice.