Supreme Court to Decide Patentability of Human Genes

In AMP v. Myriad, the Supreme Court has granted  certiorari to decide one question: “Are human genes patentable?”

In 2010, the District Court’s ruling would have invalidated essentially all gene patents. However, the Federal Circuit reversed and followed its own prior precedent that isolated genes are patentable.

I expect that a major issue will be defining the meaning of “human gene.” The legal answer to the question will probably not include a broader discussion of whether or not isolated and purified genes from any living creature are patent-ineligible “products of nature.”

Stay tuned for more details on the case.

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