Supreme Court throws out decision allowing human genes to be patented - AP
WASHINGTON — The Supreme Court on Monday threw out a lower court ruling allowing human genes to be patented, a topic of enormous interest to cancer researchers, patients and drug makers.
The court overturned patents belonging to Myriad Genetics Inc. of Salt Lake City on two genes linked to increased risk of breast and ovarian cancer....
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I will keep you updated as this all shakes out. Feel good and keep smiling! Pat
The advancement of medical science and patients’ health. The challengers to the Myriad patents argued in their appeal. Is there a provisional patent application for this?
ReplyDeleteWow, Alice! Sounds like you know more about his than I do. I'm not really sure how I feel about this. My brother is a bio trade mark/patent attorney. Let me speak with him and see what he thinks...
ReplyDeleteGuess discovering something genetic isn't enough. Needs to be some sort of modification...
ReplyDeleteHere is what my brother and patentlaw firm partner, John Munger, has to say:
"The answer to the question is that the Supreme Court is cracking down on patents granted for things found in nature. The DNA sequences were simply molecules found in nature without human modification.
The Court is doing this sort of crack down for computer programs and algorithms too.
The Court is finding these sorts of things to be non-patentable subject matter under 35 U.S.C. Section 101.
There you go."
John
Wisconsin Office
Jansson Shupe & Munger Ltd.