Patenting Genomics Innovations: Post-Myriad Challenges and Possibilities

Tuhin Chatterjee
The West Bengal National University of Juridical Sciences (WB NUJS), No.12, LB Block, Dr. Ambedkar Bhavan, Sector III, Salt Lake City, Kolkata, West Bengal 700098, and Indian Patent Attorney, Registered with the Indian Patent Office, Govt. of India

DOI:https://doi.org/10.5912/jcb773

Abstract:

Patenting gene and its nucleotide sequence has been a controversial subject since the release of working draft of the Human Genome Project. A number of US Supreme Court judgments pronounced in the recent past and accordingly revised patent examination strategies of the United States Patent and Trademark Office (USPTO) created a huge confusion in the field of biotechnology.

The present article explores the volatile nature of judicial decision-making in modern biotechnology arena and attempts to analyze and gauge the practical impact of the landmark judgment of Association for Molecular Pathology v. Myriad genetics Inc. The present article also reveals how the Myriad judgment changed the USPTO’s long-standing practice of granting patents on isolated DNA molecules and set a new patent-eligibility standard for genes and DNA related innovations.

The present article also endeavors to investigate the challenges and possibilities of patenting isolated proteins, sequence homology and protein three-dimensional structure based innovations in post-Myriad US patent regime. 

Keywords:Genomics ,Three dimensional (3D) structure ,DNA sequence ,Patent ,Myriad Genetics Inc. ,USPTO. ,en ,