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Gene Patents: Supreme Court Could Be Swayed By Impact On Research

Executive Summary

The outcome of ACLU’s suit challenging Myriad Genetics’ BRCA cancer genes is crucial for the biotech industry as it could prevent companies from getting patents on therapeutics that utilize DNA and other isolated molecules.

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Biotech Industry Fears Fallout From Supreme Court’s Myriad Ruling; PTO Offers Guidance

Supreme Court unanimously holds that DNA isolated from the human body cannot be patented but cDNA, which is created in a laboratory, can; Patent and Trademark Office tells examiners to reject product claims drawn solely to naturally occurring nucleic acids or their fragments.

Biotech Industry Fears Fallout From Supreme Court’s Myriad Ruling

Supreme Court unanimously holds that DNA isolated from the human body cannot be patented but cDNA, which is created in a laboratory, can be; says Myriad “did not create anything.”

Supreme Court Appears Dubious Of Gene Patents, But Wary Of Halting Innovation

Justices appeared to favor the government’s position that synthesized genetic material, but not isolated DNA, can be eligible for a patent during oral arguments last week in the case of The Association of Molecular Pathology v. Myriad Genetics Inc.

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