June 13, 2013
Today the U.S. Supreme Court released a unanimous decision in Association for Molecular Pathology et al. v. Myriad Genetics, Inc., et al., a case addressing the question of whether human genes can be patented. The Court issued a mixed ruling on Myriad’s patents, holding that claims to isolated DNA material were not eligible for patent protection, but that claims relating to synthetic genetic material were eligible.
Soon after, the U.S. Patent and Trademark Office issued a memorandum to the Patent Examining Corps, offering preliminary guidance in the wake of the Court's ruling.
If you have any questions regarding this decision, please contact Fitch Even partner Allen E. Hoover.
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