Tag Archives: DNA

Athena III – Should the Discovery of a Naturally-Occurring Correlation Encompass Recognition of its Practical Utility?

The origin of the idea that natural phenomena, like the law of gravity, cannot be patented, even by their discoverer, is well-settled law. In Gottschalk v. Benson, the Supreme Court stated, in dictum: “Phenomena of nature, though just discovered, mental … Continue reading

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Mayo Meet Alice Meet Myriad – Fed. Cir. Appreciates “Abstract Art”

On December 20th, a panel of the Fed. Cir. of Judges Dyk, Clevinger and Prost – Dyk writing – found that six claims in Myriad’s dwindling arsenal of BRACA1 and 2 patents were invalid as claiming non-statutory subject matter. (University … Continue reading

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Canadian Hospital To Travel The Long And Winding Road Of “Gene Patenting”

Arguing that human DNA is a natural product, the Children’s Hospital of Eastern Ontario (CHEO) has filed suit in Federal Court to invalidate patents claiming human DNA or diagnostic methods that use it. It has been reported that CHEO was … Continue reading

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USPTO Subject Matter Eligibility Guidance – 9th May Forum – Outcome and Opportunities

Guest Post from Paul Cole, Lucas & Co., UK As noted in postings in this and other blogs, controversy has been generated by the publication of new USPTO patent eligibility guidance for laws of nature, natural products and natural phenomena (Andrew … Continue reading

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