Mayo, Myriad, and the Future of Innovation in Molecular Diagnostics and Personalized Medicine

Christopher M. Holman, Mayo, Myriad, and the Future of Innovation in Molecular Diagnostics and Personalized Medicine, 15 North Carolina Journal of Law and Technology 639 (2014).

40 Pages Posted: 17 Apr 2015

See all articles by Christopher M. Holman

Christopher M. Holman

University of Missouri - Kansas City School of Law

Date Written: April 15, 2015

Abstract

Contrary to popular perception, the Supreme Court’s recent decision in Association for Molecular Pathology v. Myriad Genetics, Inc., finding certain patent claims reciting isolated genomic DNA molecules patent ineligible is likely to have a relatively minor impact on the patenting of diagnostics and personalized medicine. Method claims generally play a much more important role than isolated DNA claims in the patenting of innovations in this important technological sector, and the Court’s earlier decision in Mayo v. Prometheus Labs that held claims directed towards non-genetic methods of personalized medicine to be patent ineligible will likely prove significantly more problematic in this regard. This article analyzes Myriad and Mayo and discusses their implications, concluding with a critique of Ariosa Diagnostics v. Sequenom, a district court decision applying Mayo to genetic diagnostic method claims in a manner that, if followed by other courts, could substantially threaten the availability of adequate patent protection for molecular diagnostics and personalized medicine.

Keywords: Mayo, Prometheus, gene patents, Myriad, patent eligibility, patentable subject matter, molecular diagnostics, personalized medicine

Suggested Citation

Holman, Christopher M., Mayo, Myriad, and the Future of Innovation in Molecular Diagnostics and Personalized Medicine (April 15, 2015). Christopher M. Holman, Mayo, Myriad, and the Future of Innovation in Molecular Diagnostics and Personalized Medicine, 15 North Carolina Journal of Law and Technology 639 (2014). , Available at SSRN: https://ssrn.com/abstract=2594815

Christopher M. Holman (Contact Author)

University of Missouri - Kansas City School of Law ( email )

5100 Rockhill Road
Kansas City, MO 64110-2499
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
163
Abstract Views
812
rank
201,461
PlumX Metrics