Association for Molecular Pathology v. Myriad Genetics (12-398) - U.S. Supreme Court Holds Naturally Occurring Human Genes Cannot Be Patented
Thursday, June 13, 2013
Association for Molecular Pathology v. Myriad Genetics (12-398)
"Genes and the information they encode are not patent-eligible under [federal law] simply because they have been isolated from the surrounding genetic material," wrote Justice Clarence Thomas for a unanimous Court.
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"Myriad did not create anything...to be sure, it found an important and useful gene, but separating that gene from its surrounding genetic material is not an act of invention."
The Court, however, left open the possibility that synthetic DNA may be patentable.
Full decision after the jump...
"Genes and the information they encode are not patent-eligible under [federal law] simply because they have been isolated from the surrounding genetic material," wrote Justice Clarence Thomas for a unanimous Court.
***
"Myriad did not create anything...to be sure, it found an important and useful gene, but separating that gene from its surrounding genetic material is not an act of invention."
The Court, however, left open the possibility that synthetic DNA may be patentable.
Full decision after the jump...