“Isolated” Natural Product Claims And Uses After Myriad

On June 13, 2013, the Supreme Court unanimously held in Association for Molecular Pathology v. Myriad Genetics, Inc., that an isolated but otherwise unmodified segment of human DNA, such as a gene, was not eligible for patent protection under 35 U.S.C. § 101. According to the Court, while the discovery of the claimed genes might have been an important medical breakthrough, mere discovery of a natural product does not satisfy the requirements of § 101. More human intervention or manipulation of this naturally occurring molecule was required. The Court did not foreclose patent protection on all genetic materials, however, as it also held that a type of non-naturally occurring molecule known as complementary DNA was patent eligible.

The Myriad decision has the potential to have a significant impact on the medical and biotechnology industries, and it arguably raises more questions than it answered. This webinar examined the Myriad decision and address some potential future implications of the Court’s ruling.

Speakers included Jim Haley of Ropes & Gray.

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