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Caught in a Time Warp: The (In)validity of BRCA1 Oligonucleotide Claims

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- Albeit a bit anticlimactically, a study published in the journal Genomics assesses the patentability of one of the claims invalidated on Monday by Judge Robert W. Sweet of the Southern District of New York in Association of Molecular Pathology v. U.S. Patent and Trademark Office. The study is interesting in that it illustrates the pitfalls in patents on oligonucleotides related to isolated genes, filed at a time prior to the elucidation of the human genome by the Human Genome Project. Most relevant to the question of whether such claims are patentable are the many revelations...

Full post as published by Patent Docs on March 31, 2010 (boomark / email).