TY  - GEN
AB  - This  Note attempts to navigate the current patent eligibility framework and how it has   been   applied   by   different   courts   regarding   patent   claims   of biotechnology  products.  Part  I  of  this  Note  covers  both  a  brief  and informative scientific overview of DNA, RNA, and cDNA, and a history of  gene  patents,  including  the  development  of  a  judicial  exception  to patent  ineligibility  using  the  framework  provided  byMyriad  Genetics8and Mayo/Alice.9Part  II  of  this  Note  discusses  four  cases  considering patent  claims  of  biotechnology  products  and  compares  how  the  courts applied  the Myriad  Genetics and Mayo/Aliceframework  to  their  facts differently.  Lastly,  Part  IIIsets  up  a  hypothetical  patent  claim  using recent   science   technology, Clustered   Regularly   Interspaced   Short Palindromic  Repeats  (CRISPR), to  apply  the Myriad  Geneticsand Mayo/Aliceframework by referring to the cases in Part II. Additionally, Part III will provide suggestions as to what the USPTO can do to clarify the  seemingly  inconsistent  results  of  the  hypothetical  patent  claim depending on the jurisdiction.
AU  - Cho, Skye
ID  - 42009
KW  - Patent eligibility
KW  - Biotechnology
KW  - Patentability
KW  - Gene patents
KW  - Clustered   Regularly   Interspaced   Short Palindromic  Repeat (CRISPR)
LA  - eng
LK  - http://www.cardozoaelj.com/wp-content/uploads/2020/02/CHO_NOTE.pdf
N2  - This  Note attempts to navigate the current patent eligibility framework and how it has   been   applied   by   different   courts   regarding   patent   claims   of biotechnology  products.  Part  I  of  this  Note  covers  both  a  brief  and informative scientific overview of DNA, RNA, and cDNA, and a history of  gene  patents,  including  the  development  of  a  judicial  exception  to patent  ineligibility  using  the  framework  provided  byMyriad  Genetics8and Mayo/Alice.9Part  II  of  this  Note  discusses  four  cases  considering patent  claims  of  biotechnology  products  and  compares  how  the  courts applied  the Myriad  Genetics and Mayo/Aliceframework  to  their  facts differently.  Lastly,  Part  IIIsets  up  a  hypothetical  patent  claim  using recent   science   technology, Clustered   Regularly   Interspaced   Short Palindromic  Repeats  (CRISPR), to  apply  the Myriad  Geneticsand Mayo/Aliceframework by referring to the cases in Part II. Additionally, Part III will provide suggestions as to what the USPTO can do to clarify the  seemingly  inconsistent  results  of  the  hypothetical  patent  claim depending on the jurisdiction.
SN  - 0736-7694
T1  - The Current Application of the Myriad and Mayo/Alice Rulings on Patent EligibilityInconsistent Results and Contradistinguishing Biotechnology Products
TI  - The Current Application of the Myriad and Mayo/Alice Rulings on Patent EligibilityInconsistent Results and Contradistinguishing Biotechnology Products
UR  - http://www.cardozoaelj.com/wp-content/uploads/2020/02/CHO_NOTE.pdf
ER  -