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Posts in Gene Patents


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 hybrid device These batteries which could achieve a length of charge comparable…

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Senate Judiciary Committee Chairman Patrick Leahy D-VT asked NIH in a July letter to force compulsory licensing of Myriad s BRCA breast and ovarian cancer genetic test under the march-in rights provision of the Bayh-Dole Act Myriad received an…

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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 nevertheless not patent eligible Whether we like it or not the very…

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Widely divergent views have formed in the wake of the Supreme Court s decision in Association of Molecular Pathology v Myriad Genetics Inc No - slip op U S Jun Some commentators have reacted with dire predictions for the…

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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 hand of man can make not simply snipped out of mother nature…

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The baffling aspect of the opinion is that the Court seems to agree that both the DNA of claim and the DNA of claim are man-made and do not occur in nature Of claim the Court states that isolating…

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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 solely to naturally occurring nucleic acids or fragments thereof whether isolated or…

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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 for patients Specifically ACLU and PubPat allege that the patents have hindered…

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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 As Justice Breyer recognized during questioning of Mr Hansen representing AMP the…

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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 context should dispassionately consider all the available empirical evidence from the academic…

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As the patent community waits to see whether the United States Supreme Court will deal a significant perhaps fatal blow to the patenting of many genetic related innovations in Association of Molecular Pathology v Myriad Genetics announcement came this…

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The Honorable Alex Kozinski immediately posed the question by way of an analogy to scientists who stare at the stars of why should someone be able to get a gene patent just because there was a significant amount of…

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