About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

16 J. Marshall Rev. Intell. Prop. L. [i] (2016-2017)

handle is hein.journals/johnmars16 and id is 1 raw text is: THE jOHN MARSHALL REVIEW OF INTELLECTUAL PROPERTY LAW THE PATENTING OF GENE BASED DIAGNOSTIC ASSAYS IN A POST MAYOAND MYRIAD WORLD MICHAEL A. SANZO ABSTRACT Recent advances in biotechnology have given researchers the ability to comprehensively examine the genetic basis of disease in unprecedented ways and will undoubtedly result in many new and valuable gene based diagnostic assays in the near future. These advances came during a period of roughly thirty years during which the patent eligibility of such assays was essentially unquestioned. Then, beginning in 2010, the Supreme Court embarked on a series of decisions that will, in almost all cases, preclude the patenting of diagnostic assays that rely on genetic mutations or gene expression patterns. This article suggests that reason that the issue of patent eligibility went unquestioned in the biotechnology industry for so long is due to early Supreme Court decisions that took conflicting approaches to analyzing patent eligibility. It also examines why the patent eligibility test that has now been adopted by the Supreme Court is so devastating to the patenting of gene based assays. Copyright 0 2016 TheJ ohn Marshall Law School Cite as Michael A. Sanzo, The Patenting of Gene Based Diagnostic Assays in a Post Mayo and Myriad Work, 16J . MARSHALL REV. INTELL. PROP. L. 1 (2016).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most