The Current Application of the Myriad and Mayo/Alice Rulings on Patent Eligibility Inconsistent Results and Contradistinguishing Biotechnology Products

The Current Application of the Myriad and Mayo/Alice Rulings on Patent Eligibility Inconsistent Results and Contradistinguishing Biotechnology Products

Journal article

36 pages

0736-7694

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.

Published in : Cardozo Arts & Entertainment Law, vol. 38, no. 1 (2020)

[New York City, New York] : Yeshiva University Benjamin N. Cardozo School of Law, 2020.

Anglais