April 7, 2010 by Alexander Gloor (IPilogue Editor)
Alex Gloor is a JD Candidate at Osgoode Hall Law School
Doctors, cancer patients and virtually the entire biotech industry are joined in celebration after a District Court ruling in New York invalidated two important patents on gene sequences held by Myriad Genetics. The basis of the invalidity holding is that naturally occurring gene sequences, popularly coined as “isolated DNA” as a means to confer patentability, is essentially “the physical embodiment of biological information” and thus does not constitute patentable subject matter under 35 U.S.C. 101.