The U.S. Supreme Court ruled on June 13th, 2013 that Myriad “found an important and useful gene, but separating that gene from its surrounding genetic material is not an act of invention.” Raw DNA sequences, even if “isolated” from tissue, are a “product of nature” and thus are not patentable.
The court also ruled that human genes in the lab-made cDNA format should remain patentable.
Intellectual property. Supreme Court rules out patents on ‘natural’ genes. Marshall E. Science. 2013 Jun 21;340(6139):1387-8.
Posted by Yannis Trakadis, MD