BRCA

In the Association for Molecular Pathology v. Myriad Genetics decision, the Supreme Court unanimously held that naturally occurring DNA sequences are “products of nature” and therefore cannot be patented. “The Court’s holding represents a significant shift form the status quo,” says Kevin Emerson Collins, JD, patent law expert and professor of law at Washington University in St. Louis. “It reverses both the lower court and twenty years of precedent at the United States Patent and Trademark Office.

On April 15, the Supreme Court will hear oral argument in Association for Molecular Pathology v. Myriad Genetics, a case that could answer the question, “Under what conditions, if any, are isolated human genes patentable?” Kevin Emerson Collins, JD, patent law expert and professor of law at Washington University in St. Louis, believes that layered uncertainties make this case an unusually difficult case in which to predict the outcome.