Analyzing The Landmark Decision Of Us Supreme Court Judgment Essays
The paper seeks to critically analyze the landmark decision of US Supreme Court (SC) in the case of Association Molecular Pathology, et al. v. Myriad Genetics Inc., et al. The parties disputed the scope of what may be patented under 35 U.S.C. §101. The Association for Molecular Pathology ("AMP") argued that the form and function of isolated DNA is the same as that in nature, thus is not patentable. Myriad countered that the patent claims fall with the plain language of §101 and that the patents are for inventions—thus patentable.
Since, this case has garnered significant interest in the IP community because clarified the bounds of patentable subject-matter, it needs to be analyzed to determine its impact upon the Pharmaceutical, Biotechnology industries and other communities.
The paper seeks to scrutinize the broad aspects which determine the patentability of a subject matter with special reference to the man-made DNA structure as biotechnological inventions and the impact of the holding of Supreme Court on the future R&D endeavors in relation Human DNA. Finally, the paper proceeds towards the various uncertainties which were left unanswered by SC in the light earlier judgments of Supreme Court of USA.
KEYWORDS: cDNA, DNA,Patentability, Naturally Occurring Product INTRODUCTION
With the advent of modern biotechnology, the human community is…