Genome Medicine, Vol. 6, No. 14, 2014
4 Pages Posted: 1 Mar 2014 Last revised: 14 May 2014
Date Written: February 27, 2014
In a widely reported article by Jeffrey Rosenfeld and Christopher Mason published in Genome Medicine, significant misstatements were made, because the authors did not sufficiently review the claims – which define the legal scope of a patent – in the patents they analyzed. Specifically, the authors do not provide an adequate basis for their assertion that 41% of the genes in the human genome have been claimed.
Keywords: gene patents, human genome, Myriad Genetics, patent claims, patent scope
JEL Classification: O34
Suggested Citation: Suggested Citation
Tu, Shine (Sean) and Holman, Christopher M. and Mossoff, Adam and Sichelman, Ted M. and Risch, Michael and Contreras, Jorge L. and Heled, Yaniv and Dolin, Gregory and Petherbridge, Lee, Response to ‘Pervasive Sequence Patents Cover the Entire Human Genome’ (February 27, 2014). Genome Medicine, Vol. 6, No. 14, 2014; George Mason Law & Economics Research Paper No. 14-07; San Diego Legal Studies Paper No. 14-148; Loyola-LA Legal Studies Paper No. 2014-19; Georgia State University College of Law, Legal Studies Research Paper No. 2014-16. Available at SSRN: https://ssrn.com/abstract=2402417