The fact of this case is the Association for Molecular Pathology along with several other medical associations, doctors and patients sued the United States Patent and Trademark Office (USPTO) and Myriad Genetics to challenge several patents related to human genetics. Myriad Genetics, Inc. is a genomic research firm whose mission, among other things, is to learn what various sequences of DNA in the human genome actually do. In 1994, Myriad’s scientists made an extraordinarily useful discovery that is two genes now known as BRCA1 and BRCA2. But the influence of these genes can elevate the risk of a woman developing cancer at some point in her life. After that, the company start offering screening test to member of the public able to afford them, and field for patented related to the discovery and associated assets.
On June 13, 2013, the Supreme Court held that “naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because it is not …show more content…
Besides that, the Court found that such cDNA sequences are patent eligible because “the lab technician unquestionably creates something new when cDNA is made” because it is distinct from the DNA from which it was derived and not a product of nature.
Finally, the Supreme Court held that naturally occurring gene sequences “BRCA”, and their natural derivative products, are not patent eligible because under the Patent Law the discovery of natural products does not warrant a patent. However, the Court also held that the creation of a new product of “cDNA” in a lab exempts that product from being a product of nature. So that, gene sequences refined by synthetic processes to create molecules that do not occur naturally are patent
On June 13, 2013, the Supreme Court held that “naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because it is not …show more content…
Besides that, the Court found that such cDNA sequences are patent eligible because “the lab technician unquestionably creates something new when cDNA is made” because it is distinct from the DNA from which it was derived and not a product of nature.
Finally, the Supreme Court held that naturally occurring gene sequences “BRCA”, and their natural derivative products, are not patent eligible because under the Patent Law the discovery of natural products does not warrant a patent. However, the Court also held that the creation of a new product of “cDNA” in a lab exempts that product from being a product of nature. So that, gene sequences refined by synthetic processes to create molecules that do not occur naturally are patent