DNA Patents

Abstract

The biotechnology industry is an area that has been gaining importance and having greater impact in key sectors, such as pharmaceutical, health and food industries. As a result, some countries, in order to create incentives, decided to grant patents on isolated and/or purified genes and gene sequences. In the Myriad Genetics case, the US Supreme Court stated a new holding on the patentable subject matter and set a new standard for the treatment of biotechnological inventions. Thus, by excluding isolated and/or purified genes and gene sequences from patentability, the Court changed the development path of the biotechnology industry. This study analyzes the above mentioned Supreme Court's holding, the appropriateness of granting patents on genes and the effects on the biotechnology industry globally.