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2 Comments on "Myriad Back in Court on Patent Subject Matter Eligibility"

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What are your thoughts considering the Federal Circuit’s decision this week (Dec 17) in affirming the invalidity of a number of additional genetic testing claims? Unsurprisingly, the court found that the DNA primer claims before the court -claims directed to short, synthetic single-stranded DNA molecules that bind specifically to target nucleotide sequences – were not patent eligible because the primers are “not distinguishable from isolated DNA” and are not similar to complimentary DNA, which was found to be patent-eligible. More specifically, the Court rejected Myriad’s arguments because single-stranded DNA is not found in the human body, and primers have a… Read more »
Myriad wasn’t the only controversial U.S. Supreme Court case qualifying patentable subject matter. Under 35 U.S.C. § 101, “any new and useful process, machine, manufacture or composition of matter, or any new and useful improvement thereof” is considered patentable subject matter. Of course, there are certain exceptions to this list under which the USPTO will issue patents. Claims to abstract ideas, natural phenomena, and laws of nature are not entitled to patent protection. For many years, these exceptions could be overcome by claiming a specific application of those concepts. Industries relied on these exceptions-to-exceptions in order to maximize their patent… Read more »