Court may uphold gene patent ruling

Federal Circuit revisited earlier decision allowing isolated human genes to be patented

The Federal Circuit has suggested it may hold firm in its earlier decision to allow isolated human genes to be patented.

In Prometheus v. Myriad, the Federal Circuit largely upheld Myriad Genetics Inc.’s patents on two genes that can identify a woman’s risk for breast and ovarian cancer. This earlier ruling gives Myriad exclusive rights to perform the genetic tests on women.


Cathleen Flahardy

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