BioCentury on BioBusiness,
Politics and Policy
Diagnostic methods patents more vulnerable after Myriad gene patent decision
Monday, August 8, 2011
Molecular diagnostics companies
will have to include a machine or transformative step in their patent claims
based on the ruling by the Court of Appeals for the Federal Circuit in the
Myriad Genetics case. The likely result will be a narrowing of claims, which
will make MDx tests more vulnerable to competition.
The CAFC ruled that Myriad
Genetics Inc.'s method claims for analyzing the breast cancer 1 early
onset (BRCA1) and BRCA2 genes were invalid, although the court did uphold the
patents on the genes themselves.
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