Edited by Paul Devinsky and Rita Weeks
PATENTS
Patents / Patent Eligible Subject Matter
Supreme Court to Myriad: Isolated DNA Sequences Are Not
Patent-Eligible Subject Matter
AMP et al. v. Myriad Genetics, Inc.
by William (Bill) Gaede
In a 9–0 decision the Supreme Court of the United States
held that "isolated DNA sequence" composition claims do
not constitute patent-eligible subject matter under 35 U.S.C.
§ 101, but that composition claims directed to cDNA do
constitute patent-eligible subject matter. AMP et al. v.
Myriad Genetics, Inc., et al., Case No. 12-398,
(Supr. Ct., June 13, 2013) (Thomas, J.). By way of background, the
"human gene" claims at issue in this case involve BRCA1
and BRCA2 genes, which have been correlated with susceptibility to
breast and ovarian cancer. Myriad Genetics successfully isolated
the BRCA molecules in what has been described as a major
breakthrough. Myriad claims that the isolation of these molecules
was a result of
