Patenting Genomics Innovations: Post-Myriad Challenges and Possibilities

Patenting gene and its nucleotide sequence has been a controversial subject since the release of working draft of the Human Genome Project. A number of US Supreme Court judgments pronounced in the recent past and accordingly revised patent examination strategies of the United States Patent and Trade...

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Bibliographic Details
Published inJournal of commercial biotechnology Vol. 23; no. 1; p. 55
Main Author Chatterjee, Tuhin
Format Journal Article
LanguageEnglish
Published London thinkBiotech LLC 01.01.2017
Subjects
Amino acid sequence
Biotechnology
Decision making
Deoxyribonucleic acid
DNA
Federal court decisions
Genes
Genomes
Genomics
Homology
Human Genome Project
Intellectual property
Interpretation and construction
Laws, regulations and rules
Nucleotide sequence
Patent law
Pathology
Protein structure
United States
United States > US
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Summary:Patenting gene and its nucleotide sequence has been a controversial subject since the release of working draft of the Human Genome Project. A number of US Supreme Court judgments pronounced in the recent past and accordingly revised patent examination strategies of the United States Patent and Trademark Office (USPTO) created a huge confusion in the field of biotechnology.The present article explores the volatile nature of judicial decision-making in modern biotechnology arena and attempts to analyze and gauge the practical impact of the landmark judgment of Association for Molecular Pathology v. Myriad genetics Inc. The present article also reveals how the Myriad judgment changed the USPTO’s long-standing practice of granting patents on isolated DNA molecules and set a new patent-eligibility standard for genes and DNA related innovations.The present article also endeavors to investigate the challenges and possibilities of patenting isolated proteins, sequence homology and protein three-dimensional structure based innovations in post-Myriad US patent regime. 
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ISSN:1462-8732
1478-565X
DOI:10.5912/jcb773