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| Authored by: Anonymous on Monday, June 17 2013 @ 10:43 AM EDT |
Syllabus
(c) cDNA is not a “product of nature
,” so it is patent eligible under §101. cDNA does not present the same obstacles
to patentability as naturally occurring, isolated DNA segments. Its creation
results in
an exons-only molecule, which is not naturally occurring. Its order of the exons
may be dictated by natu
re, but the lab technician unquestionably creates something new when introns are
removed from a DNA sequence to make cDNA. Pp. 16–17
From page 16:
17
Cite as: 569 U. S. ____ (2013)
Opinion of the Court
been removed.” Brief for Petitioners 49. They nevertheless argue that cDNA is
not patent eligible because “[t]he nucleotide sequence of cDNA is dictated by
nature, not by
the lab technician.” Id.,at 51. That may be so, but the lab
technician unquestionably creates something new when cDNA is made. cDNA retains
the naturally occurring exons of DNA, but it is distinct from the DNA from which
it was derived. As a result, cDNA is not a “product of nature” and is patent
eligible under §101, except insofar as very short series of DNA may have no
intervening introns to remove when creating cDNA...
That looks like a ruling to me....[ Reply to This | Parent | # ]
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