Perspective
Oct. 9, 2013
Section 101 burdens after Myriad
Left largely unaddressed was who bears the initial burden of showing that a claimed invention is naturally occurring and what evidence is needed to meet that burden. By Kevin Kabler
The Supreme Court's decision in Association for Molecular Pathology v. Myriad Genetics Inc., 2013 DJDAR 7484 (2013), held that "a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated." In addition, the court held that "cDNA is patent eligible because it is not naturally occurring."
Left largely unaddressed by this decision was who bears the init...
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