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The High Court then agreed to hear the case on the issue of gene patentability resulting in the decision discussed in this blog.For a detailed analysis of the Federal Circuit’s 2011 decision, see our previous blog entitled: “The Reach of Bilski: from Biotechnology to Financial Method Patents.” Due to its length, this blog is divided into the following sections for organizational purposes: Finding a specific gene within a DNA molecule comprised of tens of millions nucleotides is, to say the least, technically challenging.Genetic testing generally requires the isolation of the gene being evaluated by the genetic testing method.In the resulting decision, the Court held that genes, when merely isolated from DNA, are a product of nature ineligible for patent protection.Most of our content comes from our Voyeur Web contributors who are too revealing and explicit to be shown at Voyeur
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The seminal case relied on by the High Court was , the inventor had added four plasmids to a naturally occurring bacterium that caused the bacterium to efficiently break down various components of crude oil.