Patent 'mischief' lurks after Myriad
This article was originally published in Clinica
Executive Summary
In declaring that isolated DNA is not patent eligible, but complementary DNA (cDNA) is, the US Supreme Court has left open the opportunity for mischief for further attempts to narrow or undermine the patentability of DNA genetic materials in a broader sense. That is the view of San Francisco lawyer Robert Sachs, a partner in the Intellectual Property Practice Group at Fenwick & West.