Alternative Statutory Bases for Invalidating “Gene Patents”

The Supreme Court recently granted a writ of certiorari in the highly controversial case Association for Molecular Pathology v. Myriad. In the coming months, the Court will determine whether the genetic material claimed by Myriad’s composition patents is patentable subject matter under Section 101 of the Patent Act. The high profile case has generated a widespread debate often framed as whether genes should be patentable. To the extent that the patentability of genetic material is Continue Reading →