Tag Archives: DNA

Department Of Justice Weighs In On Myriad DNA Claims

In an Amicus Brief dated October 29, 2010, (link at the end of this post) the U.S. Department of Justice (not the Solicitor’s Office of the PTO or the NIH) filed an amicus brief urging the Federal Circuit to affirm … Continue reading

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DNA As Information. “Synthetic Genome” Paper Brings New Life To Old Debate

In the landmark paper by Gibson, Smith, Venter et al, Science Express (May 20, 2010), reporting the successful replacement of one bacterial genome by a completely synthetic, functional chromosome,  the authors note: “This work provides a proof of principle for … Continue reading

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Myriad Ruling: DNA Sequences Are Unpatentable “ Products Of Nature”

In a lengthy opinion released yesterday in Assoc. for Molec. Pathology v. USPTO, __F.Supp.2d___(S.D. N.Y.) (PDF below), the court invalidated claims directed to isolated DNA sequences, as well as to cancer screening methods using them, and even to methods of … Continue reading

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WILL THE NIGHTMARE FOR BIOTECH PREP/PROS NEVER END?

I recently gave a talk on patenting biomarkers, and was asked to talk about “push-back” by the courts and the PTO against getting useful patent claims in this emerging area (the gateway to “personalized medicine.” I was struck with how … Continue reading

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