U.S. Governemnt Files Brief in Myriad


The U.S. has filed a brief in Myriad, available here, which argues that under Mayo “isolated but otherwise unmodified DNA molecules are not patent-eligible because they are products of nature, not human-made inventions.” The government also argues that under Mayo the claims are patent ineligible because they effectively preclude the public from using a product of nature, and because the need for financial incentives in a particular field does not alter the requirements of § 101.

The brief I filed is available here.



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