What Myriad means for gene patenting

01 July 2010

The decision by a New York court in Myriad earlier this year left applicants facing an uphill battle to patent gene sequences. Michael Gollin and Rae Fischer explain how IP owners in the biotech sector can maximise protection for their innovations

In a decision that shocked many in the patent community, the US District Court for the Southern District of New York ruled in March 2010 that isolated DNA sequences are not patentable subject matter. A diverse group of plaintiffs, including patients, researchers, doctors and medical organisations (represented by the ACLU), attacked patents controlled by Myriad Genetics relating to breast cancer gene sequences, and they won on summary judgment. The Myriad case has been appealed, and the Supreme Court's recent decision in Bilski complicates predictions of whether the Myriad defendants will ultimately win or lose. But whatever the ultimate outcome, the Myriad case has broad significance for industry, science, investors and the public, and this is a good time for those involved with gene-related inventions to revisit their intellectual property management strategies....

Only subscribers have complete access to Managing IP Magazine, log in or subscribe now.

Alternatively take a free trial, giving you 48-hour access to Managing IP Magazine (some articles and surveys may be excluded).