Human Cancer Gene Gets Green Light for Patent

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In a 2:1 decision handed down by Judge Lourie, the United States Court of appeals of the Federal Circuit ruled that “On the merits, we reverse the district court’s decision that Myriad’s composition claims to ‘isolated’ DNA molecules cover patent-ineligible products of nature under § 101 since molecules as claimed do not exist in nature” (Association for Molecular Pathology v. Myriad Genetics, 2011, p. 8).

The ruling further states that, “We also reverse the district court’s decision that Myriad’s method claim to screening potential cancer therapeutics via changes in cell growth rates is directed to a patent-ineligible scientific principle” (Association for Molecular Pathology v. Myriad Genetics, 2011, p. 8).

The court acknowledged that one plaintiff had a standing challenge to the validity of Myriad’s patents due to the fact that he would like to start research on the BRCA 1/ BRCA 2 genes immediately, but couldn’t because of the patent protection of the genes.