2015
DOI: 10.1162/posc_a_00161
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Making the Case Against Gene Patents

Abstract: On June 13, 2013, the Supreme Court issued a unanimous decision in Association for Molecular Pathology v. Myriad Genetics, holding that a naturally occurring DNA segment that has merely been "isolated" is not patent eligible, and effectively overturning a longstanding policy that had allowed for patents to be issued on thousands of human genes. Drawing largely on the expert testimony and arguments presented during the court proceedings, this paper provides an overview of the discovery and patenting of the BRCA… Show more

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Cited by 7 publications
(2 citation statements)
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“…The monopoly ended at the U.S. Supreme Court, when Myriad lost an epic patent battle against the American Civil Liberties Union (132). The following month, August 2013, Myriad filed the first of several lawsuits against seven competitors, all of which ended when the Court of Appeals for the Federal Circuit invalidated Myriad’s patents in December of 2014.…”
Section: Emergence Of the Global Alliance For Genomics And Healthmentioning
confidence: 99%
“…The monopoly ended at the U.S. Supreme Court, when Myriad lost an epic patent battle against the American Civil Liberties Union (132). The following month, August 2013, Myriad filed the first of several lawsuits against seven competitors, all of which ended when the Court of Appeals for the Federal Circuit invalidated Myriad’s patents in December of 2014.…”
Section: Emergence Of the Global Alliance For Genomics And Healthmentioning
confidence: 99%
“…One such attempt was by the NIH to patent products of the Human genome project by filing an application of 350 gene segments. However, USPTO has rejected the patenting of these genes segments (Simoncelli & Park, 2015…”
Section: The Emergence Of Patent Law In the Biotechnology Industrymentioning
confidence: 99%