The U.S. Supreme Court To Decide Whether Human Genes Are Patentable

On November 30, 2012, the U.S. Supreme Court ageed to decide the question of whether human genes are patentable.  The Court has decided to review the Federal Circuit opinion in the case of Association for Molecular Pathology v. Myriad Genetics, Inc. in which the Court of Appeals decided that “isolated DNA” is markedly different from DNA found in nature and as such meets the standard for patentability under 35 U.S.C §101.  This case could have a significant impact on the business models of many biotechnology companies and genetic research in general.  The U.S. Supreme Court Order .  The Court of Appeals Decision in Assoc. For Molecular Pathology v. Myriad Genetics, Inc...