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 …
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 …
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. …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …