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As a general rule, no.

The Supreme Court held that naturally


Association for Molecular Pathology v occurring gene sequences, and their natural derivative products, are
not patent eligible. Under §101 of the Patent Act, the discovery of
Myriad Genetics natural products does not warrant a patent.
However, the Court also held that the creation of a new product in a
Facts lab exempts that product from being a product of nature.
Therefore, gene sequences refined by synthetic processes to create
The Association for Molecular Pathology along with several other molecules that do not occur naturally are patent eligible.
medical associations, doctors and patients sued the United States
Patent and Trademark Office (USPTO) and Myriad Genetics to
challenge several patents related to human genetics.

The patents cover the BRCA1 and BRCA2 genes and certain
mutations that indicate a high risk of developing breast cancer.
The suit also challenged several method patents covering
diagnostic screening for the genes.

Myriad argued that once a gene is isolated, and therefore


distinguishable from other genes, it could be patented. By
patenting the genes, Myriad had exclusive control over diagnostic
testing and further scientific research for the BRCA genes.

Petitioners argued that patenting those genes violated §101 the


Patent Act because they were products of nature. They also argued
that the patents limit scientific progress. §101 limits patents to
"any new and useful process, machine, manufacture, or
composition of matter, or any new and useful improvement
thereof."

Issue: WON Human genes can be


patented
HELD: no.

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