Biotech Industry Fears Fallout From Supreme Court’s Myriad Ruling; PTO Offers Guidance
Supreme Court unanimously holds that DNA isolated from the human body cannot be patented but cDNA, which is created in a laboratory, can; Patent and Trademark Office tells examiners to reject product claims drawn solely to naturally occurring nucleic acids or their fragments.
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Yielding to industry pressure, Patent and Trademark Office says both structural and functional changes to what exists in nature should to be considered in assessing patent claims.