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ARTICLE · 21 JUNE 2013

Isolated DNA Is Not Patent-Eligible

Foley & Lardner LLP
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The U.S. Supreme Court in Ass’n for Molecular Pathology v. Myriad Genetics, Inc., recently held that genes and DNA fragments merely isolated from nature without alteration are not patent-eligible.

United StatesIntellectual Property
Antoinette Konski
Antoinette Konski
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Today the U.S. Supreme Court in Ass'n for Molecular Pathology v. Myriad Genetics, Inc., __ U.S. __ (2013) ( opinion here), held that genes and DNA fragments merely isolated from nature without alteration are not patent-eligible. Justice Thomas, who delivered the opinion of the Court, stated that claims to isolated DNA (in this case, isolated BRCA1 and BRCA2 genes that are used to determine an increased risk of certain cancers) are excluded for falling within the law of nature exception to patent-eligibility. The Court conceded that Myriad found the location of the BRCA1 and BRCA2 genes, but that this discovery, by itself, does not render the BRCA genes new compositions of matter that are patent-eligible. The Court explained that with respect to isolated DNA molecules:

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