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The Supreme Court’s decision in Association For Molecular Pathology v. Myriad Genetics, Inc. may appear to raise the standard for patent-eligibility. After all, the ruling did overturn 30 years of precedent that had allowed patents on isolated genes.  

In the past, however, the courts have stated that in order to obtain a patent on something derived from nature, the patentee had to alter the natural substance in such a way as to provide a new, different functionality. That test was ignored in Myriad

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