Federal Circuit Upholds Patentability of Isolated DNA
- Robert W. Esmond, Ph.D. and Kevin W. McCabe
- Sterne, Kessler, Goldstein & Fox
On July 29, 2011, the U.S. Court of Appeals for the Federal Circuit issued a split decision in Association for Molecular Pathology v. Myriad Genetics, No. 2010-1406 (Fed. Cir., July 29, 2011), holding that claims to isolated DNA are patentable subject matter. However, the Federal Circuit also held that claims directed to methods involving only “comparing” or “analyzing” DNA sequences were not patentable subject matter. Download the PDF to read our summary of the decision.