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Patently unpatentable: implications of the Myriad court decision on genetic diagnostics

Paper ID Volume ID Publish Year Pages File Format Full-Text
37495 45362 2010 4 PDF Available
Title
Patently unpatentable: implications of the Myriad court decision on genetic diagnostics
Abstract

The recent decision in the case Association for Molecular Pathology et al. v. United States Patent and Trademark Office et al. shocked the biotechnology industry. Although the case could be overturned on appeal, it will probably change how gene patents are written. The effects of the decision might be most strongly felt in the short term by clinical laboratories that develop new genetic tests based on single genes. However, evidence suggests that patents are less effective as an incentive to innovate in the field of genetic diagnostics than for pharmaceuticals. In addition, as genomic technologies move towards whole-genome analysis, policy arguments for patent protection for single genes become less compelling. It is clear that the intellectual property model challenged by the Myriad decision will have to be replaced if new genetic technologies are to achieve their full potential in promoting ‘the progress of science and useful arts’.

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Patently unpatentable: implications of the Myriad court decision on genetic diagnostics
Publisher
Database: Elsevier - ScienceDirect
Journal: - Volume 28, Issue 11, November 2010, Pages 548–551
Authors
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Subjects
Physical Sciences and Engineering Chemical Engineering Bioengineering