Are natural products and medical diagnostic tests still eligible for patents in the USA?-Reference-Cited by-同舟云学术

Are natural products and medical diagnostic tests still eligible for patents in the USA?

Published:2012-09 Issue:4 Volume:1 Page:365-370
ISSN:2046-8954
Container-title:Pharmaceutical Patent Analyst
language:en
Short-container-title:Pharmaceutical Patent Analyst

Author:

Cockbain Julian¹,Sterckx Sigrid²

Affiliation:

1. European Patent Attorney, Willow 42 Southmoor Road, Oxford OX2 6RD, UK.

2. Ghent University and Free University of Brussels (VUB), Belgium

Abstract

In 2010, the biotechnology and molecular diagnostics industries were shocked by the decision from a US District Court to the effect that isolated endogenous DNA and diagnostic tests based on newly discovered DNA sequences were not eligible for US patents. The case related to the BRCA1/2 genes for breast and ovarian cancer. On appeal, the decision was almost entirely overturned. However, in March 2012, the US Supreme Court vacated the appeal court decision and instructed the appeals court to rehear the case in the light of its very recent decision, which suggested that products of nature and their obvious uses should not be patentable. This commentary explores the points at issue.

Publisher

Future Science Ltd

Subject

General Medicine

Link

http://www.future-science.com/doi/pdf/10.4155/ppa.12.48

Reference20 articles.

1. Mayo Collaborative Services, DBA Mayo Medical Laboratorieset al.v. Prometheus Laboratories, Inc.566 U.S., 132 S. Ct. 1289 (2012).

2. AMP v. USPTO, 653 F. 3d 1329 (Fed. Circ.) (2011).

3. European Patent Office.European Patent Convention, 14th Edition. European Patent Office, Munich, Germany (2010).

4. Diamond v. Chakrabarty. 447 U.S. 303 (1980).

5. Funk Brothers Seed Co. v. Kalo Inoculant Co. 333 U.S. 127 (1948).

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