Supreme Court rules on gene patents
June 14, 2013
June 13, 2013 United States Supreme Court ruling in the so-called "Myriad" case
has drawn much attention and confusion in the media. This ruling held that "a
naturally occurring DNA segment is a product of nature and not patent
eligible". However, the Myriad decision does not address or invalidate
diagnostic method patent claims.
Optigen wants to emphasize that the Myriad decision does not address
diagnostic method patent claims, as the case itself states: "It is important to note what is not
implicated by this decision... there are no method claims before this
the Myriad decision is not relevant to patent claims which cover diagnostic
methods. Such “methods” patents are not affected by this ruling and are
therefore still valid, including Optigen tests such as the patented prcd tests.
Here is the actual
decision, from: http://www.supremecourt.gov/opinions/12pdf/12-398_1b7d.pdf