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Inovio Pharmaceuticals, Inc. Message Board

  • truthngold truthngold Jul 5, 2013 9:39 AM Flag

    INOVIO's Synthetic DNA Patents are FULLY Protected* According to the US Supreme Court: June 1013 Ruling !

     

    PATENTING NATURAL ELEMENTS

    The U.S. Supreme Court holds that a naturally occurring DNA segment is a product of nature and therefore is not eligible to be patented simply because it has been isolated. That said, the court also found that cDNA --complimentary DNA which has been synthesized -- can be patented because it is not naturally occurring.

    The Patent Act permits issuance to those who invent or discover any new and useful "composition of matter," but it specifically exempts "laws of nature, natural phenomena, and abstract ideas" as basic tools of scientific and technological work which are outside the scope of patent protection.

    The nation's highest court ruled that Myriad Genetics' claim to the BRCA1 and BRCA2 discovery fell within the nature exception because the company did not create or alter the genetic information it discovered.

    Yet, cDNA does not present the same obstacle as it is not a product of nature and its creation results in a molecule that is not naturally-occurring. While the order of the molecule may be dictated by nature, the court found lab technicians unquestionably created something new through cDNA.

    OPINION OF THE COURT

    Justice Clarence Thomas delivered the opinion of the court, and he was joined by Chief Justice John Roberts as well as Justices Anthony Kennedy, Ruth Bader Ginsberg, Samuel Alito, Sonya Sotomayor and Elena Kagan. Justice Antonin Scalia joined in part, but he also penned a concurring opinion.

    While the opinion acknowledged Myriad Genetics' discovery of the BRCA1 and BRCA2 genes as a "medial breakthrough," Thomas argued that scientists already knew heredity played a role in cancer risks.

    The opinion explained that attempting to patent a naturally occurring thing presents considerable danger of tying up scientific tools and thereby inhibiting future innovations, thus contradicting the purpose of a patent, which is to promote creation.

    Sentiment: Strong Buy

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