Rumors of the death of biotech patents have been greatly exaggerated. The U.S. Supreme Court recently held "a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated."1 This holding sent shock waves throughout the biotech IP community not only because the court invalidated a class of commonly issued patent claims, but also because it established a bright-line distinction between naturally and non-naturally occurring compounds. However, a calmer reading of Myriad reveals that its reach may be more limited than first reported. The holding is likely to be limited to information-containing compositions and not to methods or applications of knowledge. Also, the holding will likely be narrowly interpreted because the Federal Circuit has historically given patent eligibility under 35 USC §101 wide latitude.2
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