Posts Tagged: dna


No Bridge Over the Troubled Waters of Section 101

The waters surrounding Section 101 of the Patent Act are as muddied as they come. The statute sets forth only in broad strokes what inventions are patentable, leaving …

The CRISPR Clash: Who owns this groundbreaking, DNA altering technique?

Right now, behind the walls of the USPTO, there is a fiery interference battle occurring between two scientific teams over who created a groundbreaking, DNA altering technique …
By Angélique McCall
3 months ago 12

SCOTUS Blog founder asks Supreme Court to reconsider Mayo ruling in Sequenom v. Ariosa

This is as straightforward a certiorari candidate as any patent case can be. It is manifestly important: A host of judges and amici have stressed that the …
By Gene Quinn
5 months ago 16

CAFC denies Sequenom en banc petition, Next stop SCOTUS

The law of patent eligibility is created by the nine least qualified people to make such a determination; the Justices of Supreme Court of the United States. …
By Gene Quinn
9 months ago 40

PTO Report on Confirmatory Genetic Testing: A Worthwhile Effort But Not Far Enough

The USPTO has released its 'Report on Confirmatory Genetic Diagnostic Testing,' which was prepared to fulfill the requirements of §27 of the Leahy-Smith America Invents Act. The …
By Brian R. Stanton, Ph.D.
11 months ago 0

Trends in Subject Matter Eligibility for Biotechnology Inventions

The USPTO continues to issue patents related to biotechnology and organic chemistry inventions despite the Supreme Court rulings and USPTO guidelines implementing the ruling related to the …

Genetic and Stem Cell Therapies to Treat Cancers

There are certainly some signs for hope. One of them came recently from Princeton University, where graduate students worked on a project which identified a treatment for …
By Steve Brachmann
1 year ago 0

Samsung innovates in gene therapies and 3D content display

There have been signs that Samsung is trying to wind down its operations in its medical device businesses, but we found plenty of patent applications filed with …
By Steve Brachmann
1 year ago 0

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 …
By Gene Quinn
3 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. (…

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 …
By Ryan Chirnomas
3 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 …
By Gene Quinn
3 years ago 11

Supremes Rule Isolated DNA and Some cDNA Patent Ineligible

You can expect a near complete cessation in many areas of personalized medicine. If creating something in a lab, such as a composite cDNA, does not make …
By Gene Quinn
3 years ago 161

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 …
By Lori Pressman
3 years ago 1

No One is Patenting Your Genes: The Ripple Effect if Isolated DNA Claims Are Made Patent Ineligible

One side in the “gene patent war” has nevertheless convinced the Supreme Court to weigh in on the issue of whether DNA sequences derived from the human …