Justices Appear to Take Middle Ground on Human Gene Patents
Reuters News & Insight
Bhanu Sadasivan, commenting on the human gene patent Myriad Genetics case now before the US Supreme Court, said that the distinction between complementary DNA synthesized in a lab and genomic DNA may provide a bright-line patentability rule. But Ms. Sadasivan urged caution in applying such a rule. In her example, if a company creates an artificial urinary bladder from bladder cells it will look very similar to the original organ, and a test turning on how much the new product deviates from the natural one may deprive it of a patent despite the significant ingenuity that created it.