Association For Molecular Pathology v Myriad Genetics

The U.S. Supreme Court today handed down an opinion in the closely watched patent case of Association For Molecular Pathology v Myriad Genetics.  The Court held that isolated genetic material from DNA is not patent eligible subject matter under 35 U.S.C Sec. 101.  Rather, isolated genetic material which is otherwise unchanged falls within the law of nature exception and does not qualify as a new composition of matter.  However, the Court did hold that cDNA is patent eligible subject matter under Sec. 101 since it is not naturally occurring.  The opinion can be found here Association for Moleculary Pathology v Myriad