US Supreme Court Holds That Isolated Human DNA is Not Patent Eligible Subject Matter Under Section 101

    View Author August 2013

    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.