August 3, 2011

Federal Circuit Decision on Patent Eligibility of Isolated DNA

Summary: The Federal Circuit further delineated the boundaries of the judicially created exception to 35 U.S.C. § 101 in its decision in Assoc. for Molecular Pathology v. Myriad Genetics, Inc. One of the issues before the Court was whether isolated DNA molecules are patent eligible. The attached Client Alert analyzes the Court’s decision that isolated DNA molecules are indeed patent eligible because they are “markedly different” from native DNA.


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