BioCentury on BioBusiness,
Politics and Policy
U.S. stance against gene patents begs questions in Myriad case
Much Ado about DoJ
Monday, November 8, 2010
Department of Justice elicited some hand-wringing last week when it
argued in a high-profile gene patent lawsuit that isolated genomic DNA should
not be eligible for patenting. But while DoJ's amicus brief raised fears of
wholesale invalidation of existing patents, the consensus of patent specialists
who spoke with BioCentury is that the real-world impact on drugs and molecular
diagnostics is not likely to amount to much.
The case before the Court of Appeals for the Federal Circuit, Association
for Molecular Pathology, et al. v. U.S.
Patent and Trademark Office, et al., is meant to answer whether DNA
sequences and the act of analyzing and comparing genes are eligible for patenting
under Section 101 of the U.S. Patent Act.
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