Perspective
May 14, 2010
Genes are Unpatentable, New York Court Concludes
A recent decision unsettles the market for the development of drugs based on owning the rights to certain genes, writes Tamir Damari of Nossaman.
Genes, as products of nature, are not protectable under patent law, ruled a New York federal court, in the case of Association for Molecular Pathology v. USPTO. The court, in a 152 page opinion, concluded that seven patents on two genes linked to cancer were invalid.
Patients groups, scientists and the American Civil Liberties Union challenged seven patents issued by the U.S. Patent and Trademark Office (USPTO) to Myriad Gene...
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