LexisNexis® Legal Newsroom
Does the Gene Patent Decision Raise Questions about the Eligibility of Other Compositions of Matter?

The recent Association for Molecular Pathology v. United States Patent & Trademark Office , 2011 U.S. App. LEXIS 15649 (Fed. Cir. Jul. 29, 2011) (" Molecular Pathology ") [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ],...

Eric E. Bensen on the Federal Circuit's Holding That Isolated Genes Are Patent Eligible

Addressing patent eligibility for the third time in less than a year, the Federal Circuit affirmed the long-standing rule that an isolated gene is patent eligible subject matter. However, it was the concurring and dissenting judges that agreed on the test to be used to determine eligibility. The fractured...

Patently Ours? Constitutional Challenges to DNA Patents

By Vincent Y. Ling* *J.D. and Masters of Bioethics Candidate, 2012, University of Pennsylvania. Excerpt from Patently Ours? Constitutional Challenges to DNA Patents , 14 U. Pa. J. Const. L. 813 (February, 2012) Introduction The controversy surrounding patenting deoxyribonucleic acid ("DNA"...