It’s all in the genes … or is it? Patentability of “isolated” DNA molecule affirmed
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Abstract: This article discusses a recent federal appeals court ruling that an “isolated” DNA molecule is patentable — at least in part. In doing so, the panel shot down a controversial district court ruling that could have invalidated all patents for such molecules. Instead, the court found that two types of claims were patentable, but two others were not. Association for Molecular Pathology v. U.S. Patent and Trademark Office and Myriad Genetics Inc., No. 2010-1406, July 29, 2011 (Fed. Cir.) Bilski et al v. Kappos, No. 08-964, June 28, 2010 (Supreme Court)
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