AMP v. Myriad: BIO Statement on Federal Circuit (Re)Decision

Patently BIOtech

BIO released the following statement on the Federal Circuit’s decision in the AMP v. Myriad case on remand from the Supreme Court to reconsider in light of Mayo v. Prometheus.

“Today’s decision by the U.S. Court of Appeals for the Federal Circuit confirms long-standing law under which valuable DNA preparations, bacterial enzymes, plant-derived antibiotics and other industrially and medically useful substances can be considered for patenting. Such patents have long provided critical incentives for expensive and time-consuming research that takes place at U.S. universities and biotech companies every day.”

“In 1980, the United States Supreme Court laid the legal foundation for the U.S. biotechnology industry by holding that genetically engineered microorganisms can be patented. Since then, we have seen an unprecedented increase in public and private research funding, active biotech business formation, and the growth of U.S. universities into world-leading life sciences powerhouses. Hundreds of resulting new medicines, diagnostics, and agricultural and industrial products today improve the lives of patients, researchers, farmers and consumers. Today’s decision simply affirms that biotechnology research leading to such results continues to be patent eligible.”

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