The following is an edited excerpt.
In a unanimous ruling yesterday, the Supreme Court held that patenting a gene violates Section 101 of the Patent Act.
Though Myriad Genetics had indeed made “new and useful” discoveries, these fell into a long-held exception that “laws of nature, natural phenomena, and abstract ideas are not patentable.” However, the court found cDNA (complementary DNA) to be patentable.
The meaning of this ruling is complicated significantly by the court’s sketchy understanding of molecular biology.
Read the full story here: The Supreme Court’s Sketchy Science