LexisNexis® Legal Newsroom
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...

AMP v. USPTO ("The Myriad Case"): Status Quo on Gene Patents . . . For Now

The "Myriad Case" is the first decision to specifically address whether DNA isolated from its natural state is patentable subject matter. The Federal Circuit found that isolated DNA is patentable subject matter thereby reversing the decision of the district court. However, with regard to the...