Are Human Genes Patentable?
Dan L. Burk
University of California, Irvine School of Law
August 20, 2013
44 IIC International Review of Intellectual Property and Competition Law (2013, Forthcoming)
UC Irvine School of Law Research Paper No. 2013-139
This editorial examines the logical structure of the United States Supreme Court decision in Myriad Genetics v. AMP, regarding patents on human DNA. In the first half of the opinion, a unanimous court holds that genomic DNA molecules derived from human cells are unpatentable products of nature because they have the same informational content, and hence the same function, as native DNA. But in the second half of the opinion, the Court holds that complementary DNA molecules generated in the laboratory are patentable over native sequences because they have a different structure. These two conflicting rationales leave the law of patentable subject matter indeterminate, and far more incoherent than before the Court intervened.
Number of Pages in PDF File: 4
Keywords: patent, intellectual property, Myriad, cDNA, gDNA, genes, product of nature
JEL Classification: O31, O33, O34Accepted Paper Series
Date posted: August 28, 2013 ; Last revised: September 18, 2013
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