Gene Patents

Today, the United States CAFC issued its latest decision on the patentability of gene patents in Association for Molecular Pathology (AMP) and ACLU v. USPTO and Myriad Genetics after its earlier decision in the case was vacated following the United States Supreme Court’s decision in Mayo v. Prometheus, Inc.

In the lengthy decision, with three separate sets of reasons by Justices Lourie, Bryson and Moore, the same panel that heard the earlier decision. Today’s decision largely followed the earlier decision upholding the patentability of the claims directed to isolated DNA and denying the patentability of certain method claims.

A detailed analysis is available from Patently-O.