Metaphor after Myriad: The Effect of Legal Rhetoric on Intellectual Property Protection for Biological Sequences by Charlotte A. Tschider :: SSRN

The Association for Molecular Pathology v. Myriad Genetics (‘Myriad’), the U.S. Supreme Court’s first code-level determination of patent eligibility for biological sequences, ultimately barred isolated DNA patents in the United States while granting patent protection of cDNA. Myriad’s decision has, since 2013, continued to pose questions regarding legal protection for biological sequences as a whole: which types of biological sequences are patent-ineligible, and what legal strategy organizations should use to protect these sequences. As biotechnology companies continue to perform genetic testing and market pharmacogenomics products to the general public, the industry will likely demand appropriate legal instruments to safeguard significant investment in research and development. Although no clear direction has emerged for protecting biological sequences holistically, analyzing metaphors used in the Myriad decision may suggest a legal direction compatible with court reasoning. Based on metaphors used most prevalently in Myriad, courts seem to suggest thin compilation copyright and trade secret protection offer potential solutions for legally protecting biological sequences.

Source: Metaphor after Myriad: The Effect of Legal Rhetoric on Intellectual Property Protection for Biological Sequences by Charlotte A. Tschider :: SSRN

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s