While the apex court upheld Myriad’s patent claims on complementary DNA or cDNA, the other five claims from the company to cover isolated DNA were declared not eligible for patents by the U.S. Supreme Court. According to the Court, most of Myriad’s unchallenged claims pertain to ‘method claims’ applying knowledge about BRCA 1 and BRCA 2 gene. This implies patent eligibility for the company’s ‘method claims’.
Subsequent to the ruling, Myriad currently has over 500 valid and enforceable claims in 24 various patents for its Bracanalysis test. This still reflects a solid patent landscape for the company’s primary revenue driver.