Myriad Gets Mixed Decision in Supreme Court; Biotech Industry Fears Fallout
This article was originally published in The Gray Sheet
Supreme Court unanimously holds that DNA isolated from the human body cannot be patented but cDNA, which is created in a laboratory, can be.
You may also be interested in...
Five and a half years after its decision to spin off its pharmaceutical business and a year and a half away from having the US Supreme Court break its monopoly on BRCA gene testing, Myriad Genetics is no longer an exception among molecular diagnostics companies. It must find its way along a more crowded path.
Development of products derived from natural sources will be deterred by PTO’s factor-based approach to patent eligibility, firms contend, noting special concern about examples given in the office’s recent guidance document.
Concerns over patents, the anticipated regulatory oversight over complex tests, and reimbursement and evidence development characterized the continued upheaval in the diagnostics industry over the past year. However, genomics tools and technologies continue to be refined and introduced commercially, and companies with a sharp marketplace focus are showing they can still rise to the top.