Patent Attorneys Vent Frustrations Over Supreme Court Diagnostics Rulings
This article was originally published in The Gray Sheet
Attorneys at a recent BIO-convened symposium were disgruntled and anxiety-ridden by two recent Supreme Court rulings on patent protection – the 2012 Mayo Collaborative Services v. Prometheus Laboratories Inc. decision and the 2013 The Association of Molecular Pathology v. Myriad Genetics Inc ruling.
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Although Myriad says the Supreme Court’s recent ruling that isolated genes can’t be patented does not leave its BRCA1 and BRCA2 assays unprotected, other diagnostic companies are now incorporating the genes into their tests for the likelihood of inheriting cancer at a fraction of the previous cost.
Supreme Court unanimously holds that DNA isolated from the human body cannot be patented but cDNA, which is created in a laboratory, can be.