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 ],...
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...
By Vincent Y. Ling*
*J.D. and Masters of Bioethics Candidate, 2012, University
Excerpt from Patently Ours? Constitutional Challenges to
DNA Patents , 14 U. Pa. J. Const. L. 813 (February, 2012)
The controversy surrounding patenting deoxyribonucleic acid
On Sept. 21, 2012, a three-judge panel of the Federal Circuit in In re Droge (2011-1600) [ enhanced version available to lexis.com subscribers ] held that the claims in U.S. patent application serial no. 10/082,772 (the '772 application"), directed to a method of recombining DNA in eukaryotic...