The US Supreme Court’s decision in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al. attempts a compromise by unanimously holding that an isolated DNA segment is not patent eligible subject matter while cDNA is patent eligible because, unlike isolated DNA segments, cDNA is not a product of nature. The Court does not, however, consider whether patents on cDNA are valid.
Our publication highlights some of the major aspects of this decision.