Gene patents, patenting life and the impact of court rulings on US stem cell patents and research
Matthews, Kirstin R.W.
Cuchiara, Maude L.
AMP; BRCA; genes; Myriad Genetics; patents; USPTO
In June 2013, the US Supreme Court ruled that naturally occurring genes were unpatentable in the caseﾠAssociation for Molecular Pathology v. Myriad Genetics. Up until this decision, Myriad Genetics was the only company in the USA that could legally conduct diagnostic testing forﾠBRCA1ﾠandﾠ2, genes that are linked to familial breast and ovarian cancer. The court case and rulings garnered discussion in public about patenting biological materials. This paper will describe the progression of the Myriad Genetics case, similar US rulings and biological intellectual property policies. In addition, it will discuss the impact of the case on biological patents ﾖ specifically those for human embryonic stem cells.