Supreme Court rules "naturally occurring DNA" is not patentable

From: John W.
Sent on: Thursday, June 13, 2013 3:54 PM
Biotechies,

Man the IP people among you move fast! I've gotten at least four emails since the SC ruling earlier today.

The title says it all and the result was expected. We'll have an event to discuss; the implications are very important.

I'm repasting Warren Woessner's short paragraph rote. Read his entire post at www.patents4life.com. [Incidentally you should join his mailing list; Warren is a super-smart guy who does some of the finest IP research that I've ever encountered.]

Warren's post:
"
Today, the Supreme Court ruled that a naturally occurring DNA sequence is a product of nature, and not patent-eligible simply because it has been "isolated." However, the Court "split the baby" and held that cDNA is patent eligible, because it is not naturally-occurring, e.g, is sufficiently man-made. The core rationale was that Myriad did not create a composition of matter "with markedly different characteristics from anything found in nature," taking language from what commentators consider dicta in Chakrabarty. In other words, genes, though they can be defined by their chemical structure, are not "new...composition(s) of matter" under s. 101.
"

Best,

John
Founder
NYC Bio

PS Make it to the LICA event tomorrow morning if you can. http://licapital.org/events?eventId=649364&EventViewMode=EventDetails . Contact me right away if the cost is an issue; I'll be flying in a few hours.

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