Case Background
In Association for Molecular Pathology v. Myriad Genetics, Inc., the Court addressed the patentability of human genes. Myriad Genetics Inc. had identified precisely and then isolated two genes, BRCA1 and BRCA2 which can substantially increase the risks of breast and ovarian cancer. As a result, soon thereafter, the company began offering screening tests to members of the public able to afford them, and filed for patents related to the discovery and associated assets. Myriad obtained patents based on this discovery, but a group of researchers, medical patients and advocacy groups sought a declaration that the patents were invalid as this means other biotech companies and cancer researchers could not develop similar screenings incorporating those two genes.
Issue
The question is, does §101 of the Patent Act allow patents on human genes?
Parties
The plaintiffs are the Association for Molecular Pathology along with several other medical associations, doctors and patients. The defendants are originally Myriad Genetics, the Trustees of the University of Utah, and the U.S. Patent and Trademark Office (USPTO), but the USPTO was severed from the case by the …show more content…
The U.S Court of Appeals for the Federal Circuit reversed, holding that isolated genes are chemically distinct from their natural state in the human body. In March 2012, the plaintiffs sought certiorari; the U.S Supreme Court remanded for further consideration to the Federal Circuit. On remand, the Federal Circuit again upheld the patentability of the BRCA genes. In September 2012, the American Civil Liberties Union and the Public Patent Foundation filed a petition for certiorari with respect to the second Federal Circuit decision and in November 2012, the Supreme Court agreed to hear the plaintiffs’
In Association for Molecular Pathology v. Myriad Genetics, Inc., the Court addressed the patentability of human genes. Myriad Genetics Inc. had identified precisely and then isolated two genes, BRCA1 and BRCA2 which can substantially increase the risks of breast and ovarian cancer. As a result, soon thereafter, the company began offering screening tests to members of the public able to afford them, and filed for patents related to the discovery and associated assets. Myriad obtained patents based on this discovery, but a group of researchers, medical patients and advocacy groups sought a declaration that the patents were invalid as this means other biotech companies and cancer researchers could not develop similar screenings incorporating those two genes.
Issue
The question is, does §101 of the Patent Act allow patents on human genes?
Parties
The plaintiffs are the Association for Molecular Pathology along with several other medical associations, doctors and patients. The defendants are originally Myriad Genetics, the Trustees of the University of Utah, and the U.S. Patent and Trademark Office (USPTO), but the USPTO was severed from the case by the …show more content…
The U.S Court of Appeals for the Federal Circuit reversed, holding that isolated genes are chemically distinct from their natural state in the human body. In March 2012, the plaintiffs sought certiorari; the U.S Supreme Court remanded for further consideration to the Federal Circuit. On remand, the Federal Circuit again upheld the patentability of the BRCA genes. In September 2012, the American Civil Liberties Union and the Public Patent Foundation filed a petition for certiorari with respect to the second Federal Circuit decision and in November 2012, the Supreme Court agreed to hear the plaintiffs’