obvIPat - Obviously Patentable

The blog for inventors, in-house counsel, & entrepreneurs.

You Might Be Novel and Nonobvious, But You Cannot Patent Your Genes

by Orlando Lopez

Unless the Federal Circuit Court reverses, you may not be able to patent your genes.  Isolating DNA does not make it patentable according to a decision by the Federal District Court for the Southern District of New York in a case brought by the ACLU against the US  Patent Office. As an end result, claims in several patents held by Myriad Genetics and the University of Utah Research Foundation were held invalid. A very broad method of use claim was also held invalid.  The effect of this ruling on biotechnology is difficult to assess until the Federal Circuit considers an almost certain appeal.


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