Isolated human genes are patentable subject matter, the U.S. Court of Appeals for the Federal Circuit ruled on Friday in a closely watched, controversial case.
A divided panel in Association for Molecular Pathology v. Myriad Genetics Inc., 2010-1406, reversed Southern District Judge Robert W. Sweet, who found Myriad Genetics Inc. was not able to patent two isolated genes closely associated with breast and ovarian cancers. Judge Sweet last year ruled that Myriad’s “composition claims to ‘isolated’ DNA molecules cover patent-ineligible products of nature” under the Patent Act (NYLJ, March 30, 2010).
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