Decisions, Decisions

The US Supreme Court rules in the gene patenting case.

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Is ignorance always a

Is ignorance always a blessing?
Michael Lerman,M.D.,Ph.D.

Another, much more important

Another, much more important issue than cDNA patentability is that of "application of knowledge" protection under patent law. As this was not examined in the Myriad case, such protection remains intact.

After the Myriad scientists discovered (not "invented") the link between the BRCA1/2 mutations and cancer risk, they applied this knowledge in the form of a lab test that determines the risk of an individual. I am not a lawyer but I can hardly imagine a situation that best fits the legal phrase "application of knowledge."

So my reading of this is that ANY test that uses the knowledge that these specific mutations are indicators of breast and ovarian cancer risk, would infringe on Myriad's patents, even after yesterday's decision. Or am I overinterpreting the phrase "application of knowledge", in the context of patent law?