Patent Law | Expert Legal Commentary
May 25, 2010
Ass’n for Molecular Pathology v. USPTO: Isolated Genes Are Not Patentable Subject Matter
Ass’n for Molecular Pathology v. USPTO
By
Josh Lawler and Thomas F. Zuber of Zuber & Taillieu LLP
In a controversial decision, the U.S. District Court for the Southern District of New York has held that neither isolated DNA nor methods directed toward identifying mutations in these genes constitute patentable subject matter under 35 U.S.C. section 101. If upheld on appeal, Ass’n for Molecular Pathology v. USPTO, ____ F. Supp. 2d ___, 2010 WL 1233416, No. 09 Civ. 4515 (S.D.N.Y. March 29, 2010), could have far-reaching implications for the biotechnology industry.
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About the Authors
Josh Lawler is a Partner of Zuber & Taillieu LLP, focusing on corporate law and securities and finance law.
Thomas F. Zuber is a Partner of Zuber & Taillieu LLP, focusing on intellectual property protection and exploitation.
Image Credit: ©iStockphoto.com/Osuleo
View a PDF of the judicial opinion