Posts in Gene Patents


Naked Emperors: A Supreme Court Patent Tale

The idea that the Supreme Court is at all capable of understanding — let alone deciding — issues of a technical nature is ridiculous. Yet their individual and collective …
3 months ago 79

Biofuel Innovations Look to Sustainably Fuel the Future

Although the consequences posed by climate change could be dire, there’s no reason to believe that human ingenuity and innovation cannot provide a path forward to …
5 months ago 3

A Bright Future: The Current State of Solar Technology Development

Recently, a team of scientists working at Ohio State University created the world’s solar battery, which includes a solar cell and a battery within a singly …
11 months ago 0

High Noon for Bayh-Dole

Senate Judiciary Committee Chairman Patrick Leahy (D-VT) asked NIH in a July 12 letter to force compulsory licensing of Myriad’s BRCA breast and ovarian cancer genetic test …
2 years ago 3

Why SCOTUS Myriad Ruling Overrules Chakrabarty

The Supreme Court quite directly contradicts the reasoning of Chakrabarty in Myriad. Thomas explains that it is a fact that isolated DNA is nonnaturally occurring, but still …
2 years ago 30

Myriad: Positive Implications for Genetic Research, but Some Questions Remain Unanswered

Widely divergent views have formed in the wake of the Supreme Court’s decision in Association of Molecular Pathology v. Myriad Genetics, Inc., No. 12-398, slip. op. (…
2 years ago 1

AMP v. Myriad: Getting Beyond the Hype and Hyperbole*

By holding that Myriad’s claimed cDNA was patent-eligible, Thomas’ opinion reaffirms the major holding in Diamond v. Chakrabarty that claimed subject matter which truly only the “…
2 years ago 11

DNA patenting: There’s still hope (maybe)

The baffling aspect of the opinion is that the Court seems to agree that both the DNA of claim 1 and the DNA of claim 2 are man-made and …
2 years ago 11

USPTO Instructs Examiners to Reject

USPTO to Examiners: "As of today, naturally occurring nucleic acids are not patent eligible merely because they have been isolated. Examiners should now reject product claims drawn …
2 years ago 11

A Patient-Centric Look At Gene Patents

One of the central policy issues injected into the current case of AMP v. Myriad Genetics is whether the BRCA patents are good for innovation and ultimately …
2 years ago 16

Supreme Court Hears Myriad Gene Patent Challenge

If cDNA is patent eligible subject matter, as it seems likely based on the tone of the oral argument, that should be very good news for Myriad. …
2 years ago 25

Forward Looking Personalized Medicine, Patent Law and Science

Social policy concerns have influenced the AMP v Myriad debate. The Supreme Court, to the extent it must make a ruling for our times, informed by societal …
2 years ago 1