On Friday, the Federal Circuit issued its highly anticipated decision in Association for Molecular Pathology, et al. v. Myriad Genetics. The Federal Circuit held that isolated DNA sequences (both genomic DNA and cDNA) are patentable subject matter, while Myriad's claims for "comparing" or "analyzing" DNA sequences to identify mutations in patients' genes only required abstract mental steps and were ineligible for patent protection. The decision rejects the position of the Obama administration, which had filed an amicus brief arguing that isolated genomic DNA should not be patentable, and conforms with the settled expectations of the biotechnology industry and long-standing practice of the Patent Office to issue patents to isolated DNAs.
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