Federal Circuit says it again: Human genes can be patented

, The National Law Journal


In a closely watched case with huge repercussions for the biotechnology industry, a federal appeals court has held for the second time that isolated human genes are patent-eligible.

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What's being said

  • Patent Attorney

    The Federal Circuit did not hold that human genes are patentable. No one needs to worry that companies are patenting their genes. No one -- not the Federal Circuit and not Myriad -- believes human genes are patentable. What is patentable under the court's holding are man-made gene segments that have been extracted from genes, and that do not exist in nature.

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