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Something more is necessary: are genes and genetic diagnostic tests statutory subject matter for US patents?

Julian Cockbain and Sigrid Sterckx UGent (2011) EXPERT REVIEW OF MOLECULAR DIAGNOSTICS. 11(2). p.149-158
abstract
In a recent decision (AMP v. USPTO) from the US District Court, patent claims directed at DNA sequences corresponding to human genes and to diagnostic tests based on such genes have been found to be invalid, primarily on the basis that the DNA molecules claimed, which included cDNA, primers and probes, are 'products of nature' and are thus unpatentable. If upheld, this decision will have considerable impact on the ability of biotechnical companies and universities to patent the results of their research. In this article, we will explain the basis for this decision and discuss the appropriateness of patenting discoveries and their (obvious) uses in the light of this fascinating case. While our focus will primarily be on the product claims, diagnostic method claims were also revoked in AMP v. USPTO on the basis that they were for mental acts or did not involve any 'transformation of matter'. This will be discussed in the light of the recent US Supreme Court decision in Bilski v. Kappos, which focused on the patent-eligibility of process claims.
Please use this url to cite or link to this publication:
author
organization
year
type
misc (editorialMaterial)
publication status
published
subject
keyword
patents, products of nature, genetic diagnostic tests, genes, ANTICOMMONS, TRAGEDY
in
EXPERT REVIEW OF MOLECULAR DIAGNOSTICS
Expert rev. mol. diagn.
volume
11
issue
2
pages
149 - 158
Web of Science type
Editorial Material
Web of Science id
000288592100006
JCR category
PATHOLOGY
JCR impact factor
4.859 (2011)
JCR rank
7/78 (2011)
JCR quartile
1 (2011)
ISSN
1473-7159
DOI
10.1586/ERM.10.108
language
English
UGent publication?
yes
classification
V
copyright statement
I have transferred the copyright for this publication to the publisher
id
1147730
handle
http://hdl.handle.net/1854/LU-1147730
date created
2011-02-11 15:19:01
date last changed
2016-12-19 15:48:19
@misc{1147730,
  abstract     = {In a recent decision (AMP v. USPTO) from the US District Court, patent claims directed at DNA sequences corresponding to human genes and to diagnostic tests based on such genes have been found to be invalid, primarily on the basis that the DNA molecules claimed, which included cDNA, primers and probes, are 'products of nature' and are thus unpatentable. If upheld, this decision will have considerable impact on the ability of biotechnical companies and universities to patent the results of their research. In this article, we will explain the basis for this decision and discuss the appropriateness of patenting discoveries and their (obvious) uses in the light of this fascinating case. While our focus will primarily be on the product claims, diagnostic method claims were also revoked in AMP v. USPTO on the basis that they were for mental acts or did not involve any 'transformation of matter'. This will be discussed in the light of the recent US Supreme Court decision in Bilski v. Kappos, which focused on the patent-eligibility of process claims.},
  author       = {Cockbain, Julian and Sterckx, Sigrid},
  issn         = {1473-7159},
  keyword      = {patents,products of nature,genetic diagnostic tests,genes,ANTICOMMONS,TRAGEDY},
  language     = {eng},
  number       = {2},
  pages        = {149--158},
  series       = {EXPERT REVIEW OF MOLECULAR DIAGNOSTICS},
  title        = {Something more is necessary: are genes and genetic diagnostic tests statutory subject matter for US patents?},
  url          = {http://dx.doi.org/10.1586/ERM.10.108},
  volume       = {11},
  year         = {2011},
}

Chicago
Cockbain, Julian, and Sigrid Sterckx. 2011. “Something More Is Necessary: Are Genes and Genetic Diagnostic Tests Statutory Subject Matter for US Patents?” Expert Review of Molecular Diagnostics.
APA
Cockbain, J., & Sterckx, S. (2011). Something more is necessary: are genes and genetic diagnostic tests statutory subject matter for US patents? EXPERT REVIEW OF MOLECULAR DIAGNOSTICS.
Vancouver
1.
Cockbain J, Sterckx S. Something more is necessary: are genes and genetic diagnostic tests statutory subject matter for US patents? EXPERT REVIEW OF MOLECULAR DIAGNOSTICS. 2011. p. 149–58.
MLA
Cockbain, Julian, and Sigrid Sterckx. “Something More Is Necessary: Are Genes and Genetic Diagnostic Tests Statutory Subject Matter for US Patents?” EXPERT REVIEW OF MOLECULAR DIAGNOSTICS 2011 : 149–158. Print.