2017
DOI: 10.1038/nbt.3953
|View full text |Cite
|
Sign up to set email alerts
|

After Myriad, what makes a gene patent claim 'markedly different' from nature?

Abstract: After Myriad, what types of claim amendments change a patent ineligible isolated gene claim into an eligible patent claim that is 'markedly different' from Nature?

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...
1
1

Citation Types

0
3
0

Year Published

2018
2018
2024
2024

Publication Types

Select...
4
2

Relationship

2
4

Authors

Journals

citations
Cited by 19 publications
(3 citation statements)
references
References 13 publications
0
3
0
Order By: Relevance
“…Specifically, we address the following research questions: The method to answer these questions (Box 1) is derived from similar methods used to analyze the impact of Mayo and Myriad. 2,7,8,9 Results & Examples We identified 407 patent cases where applicants cited Vanda in their response to a USPTO office action containing a 35 USC 101 rejection citing Mayo.…”
Section: Research Questionsmentioning
confidence: 99%
“…Specifically, we address the following research questions: The method to answer these questions (Box 1) is derived from similar methods used to analyze the impact of Mayo and Myriad. 2,7,8,9 Results & Examples We identified 407 patent cases where applicants cited Vanda in their response to a USPTO office action containing a 35 USC 101 rejection citing Mayo.…”
Section: Research Questionsmentioning
confidence: 99%
“…However, courts have since applied the case to invalidate a variety of patents relevant to methods for diagnosing conditions based on observing genetic characteristics, including methods for non-invasive prenatal testing (NIPT) [17] and for identifying whether a patient has a disease-linked variant [18]. That said, some key aspects of genetic testing still remain eligible for US patent protection; including laboratory-engineered DNA (e.g., complementary DNA, and recombinant DNA) [19] and sequencing techniques [20].…”
Section: Introductionmentioning
confidence: 99%
“…As one example, a collection of patents on green fluorescent proteins initially aggregated and outlicensed by GE Healthcare Lifesciences 16 have all expired (Table 2). Moreover, patent claims to nucleic acid sequences are now subject to heightened scrutiny and, if issued at all, are drawn much more narrowly than in the past 17,18 .…”
mentioning
confidence: 99%