Gene Patents: A Brief Overview of Intellectual Property Issues (CRS Report for Congress)
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| Release Date |
Revised Jan. 15, 2014 |
| Report Number |
RS22516 |
| Report Type |
Report |
| Authors |
Wendy H. Schacht, Specialist in Science and Technology Policy; John R. Thomas, Visiting Scholar |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
In the past, the U.S. courts upheld gene patents that met the criteria of patentability defined by the\r Patent Act. However, the practice of awarding patents on genes came under scrutiny by some\r scientists, legal scholars, politicians, and other experts. In June 2013, the Supreme Court ruled in\r Association for Molecular Pathology v. Myriad Genetics, Inc. that genomic DNA was ineligible\r for patenting under 35 U.S.C. ç101 due to the "product of nature" doctrine. However, the Court\r adopted the view that cDNA could be patented. The Myriad holding attempts to provide inventors\r and firms with incentives to conduct R&D while recognizing that patent proprietors might obtain\r too much control over medical practice and future research.
