Supreme Court To Decide Patentability of Human Genes

On November 30, 2012, the U.S. Supreme Court granted certiorari in Assn for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398.  In that case, the plaintiffs challenge the eligibility of Myriad’s patents covering isolated human gene sequences corresponding to the BRCA1 and BRCA2 genes, which when mutated are associated with a high risk of developing breast and ovarian cancer, and diagnostic processes using the genes. The U.S. Court of Appeals for the Federal Circuit ruled in August that Myriad’s patent claims covering isolated genes were patent-eligible under Mayo Collaborative Services v. Prometheus, Inc., 566 U.S. ___, 132 S.Ct. 1289 (2012). See Assn. for Molecular Pathology v. U.S. Patent and Trademark Office, 689 F.3d 1303 (Fed. Cir. Aug. 16, 2012).

The Court's grant of certiorari is limited to a single question presented in the plaintiffs’ petition:

“1. Are human genes patentable?”