The Striking Down of Myriad's Patents Opens Up Talk About Their Effect | GenomeWeb

Judge Robert Sweet's decision at the end of March to invalidate Myriad Genetics' patents on BRCA1 and BRCA2 has paved the way for intense discussions on the effect of gene patenting.

In his decision, Sweet found that isolated DNA is not able to be patented and that claiming that DNA is different when it's inside versus outside the body is a "lawyer's trick." Sweet concluded that "the patents at issue directed to 'isolated DNA' containing sequences found in nature are deemed upatentable subject matter."

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