A profound patentability question is at heart of the recent appeal filed by Myriad Genetics ( appellant’s brief ) in Association of Molecular Pathology v. U.S. Patent and Trademark Office: Is isolated DNA “unquestionably” a “composition of matter,” or, in the alternative, “a new and useful improvement” on naturally occurring DNA?
As Dr. Kevin Noonan (McDonnell Boehnen Hulbert & Berghoff LLP) notes in his extensive review of the case in the Patent Docs blog, “… This is the first step in an appeal that awaits a large number of anticipated amicus briefs and appellees’ briefs from plaintiffs (supported by the American Civil Liberties Union and the Public Patent Foundation)…”
A lot remains to be learned, analyzed, and discussed before a definitive and correct decision is reached in this case.
Tags: Appeal, DNA patents, Myriad Genetics