For over 30 years, it was believed that an isolated and purified DNA sequence possessing the same sequence as a naturally occurring gene was eligible for patent protection. On June 13, the U.S. Supreme Court held patent claims covering isolated naturally occurring DNA were not patent eligible. Since the court’s decision, debate continues about what constitutes patentable subject matter.

Prelude

In 1998, Myriad Genetics was granted a patent that covered mutations to the BRCA1 and BRCA2 genes (breast cancer genes). The patent also covered methods for: (i) using these mutations for diagnosis and prognosis for breast and ovarian cancer; (ii) screening for cancer predisposition; and (iii) developing therapeutic cancer treatments.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]