Posts Tagged: dna

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…

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…

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…

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…

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 the underlying claims patent eligible because what results is indistinguishable from what…

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…

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 genome are patentable in Association for Molecular Pathology AMP v Myriad Genetics…

As Myriad has correctly pointed out in its brief in opposition to the grant of certiorari the question posed by the ACLU PubPat Are Human Genes Patentable is absolutely the wrong one to answer The first question presented by…

Although predictions on the outcome of an unusual case such as this are probably worthless I think that it is most likely that this panel will rule in the same way that it ruled in It is probably safe…

Unfortunately this unspecific remand by the Supreme Court in AMP vacates as well the two-to-one ruling by this same Federal Circuit panel Judges Lourie and Moore in the majority Judge Bryson in dissent that the claimed isolated DNA sequences…

of social network patent applications are filed within one year of the youngest prior art cited against them So speed of filing counts If these applications had been filed a year earlier then of them would have avoided the…

The basic argument in Myriad is whether DNA that is isolated from the chromosomes is statutory subject matter or whether it is a product of nature The stakes are high in the Myriad case since the isolated DNA claimed…