US Government Argues in Court that Isolated Genes are Unpatentable - Patent Law Blog (Patently-O): "In March, 2010,�District Court�Judge Robert Sweet�held Myriad's gene�patent claims invalid for failing to satisfy the subject matter eligibility requirements of 35 U.S.C. 101.� The ruling was directed toward claims that cover�particular isolated DNA molecules (genes)�and processes of detecting and screening for those genes, but was written broadly enough to essentially invalidate all patents covering genes that were isolated from an organism.�
Last month, I heard a rumor that Obama administration science and legal advisors outside of the USPTO supported�Judge Sweet's ruling.� At the time I disregarded that suggestion�as unlikely. I was wrong. [Andy Pollack at the NYTimes has the scoop]
The�US Department of Justice (DOJ)�has now�filed an amicus brief�supporting the lower court decision — arguing that isolated genes are unpatentable because they�improperly claim a product of naturer�[Link to Brief]:"
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