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Court Rules Isolated, Purified Breast Cancer Genes Not Patentable Under Section 101 of Patent Act

April 1, 2010 in Patent Trademark & Copyright Journal · Leave a Comment 

Isolated and purified DNA lacking “markedly different characteristics” from native DNA is not a patentable composition under Section 101 of the Patent Act, the U.S. District Court for the Southern District of New York ruled March 29 ( Association for Molecular Pathology v. U.S. Patent and Trademark Office, S.D.N.Y., No. 09 Civ. 4515, 3/29/10 ).

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