ISSUE:
Whether isolated DNA sequences, which are human genes, patent eligible under Section 101 of the Patent Act?
Whether Myriad’s claimed invention BRCA 1 BRCA 2 and BRCA cDNA, the sequence of certain human genes in both isolated and purified forms, fall within the scope of inventions for which a patent may be granted?
Whether the product patents obtained by Myriad Laboratories on the discovery of genes, BRCA 1 and BRCA 2, and BRCA cDNA, on the human genome are valid under the provisions of 35 U. S. Code §101 and in consonance with the relevant jurisprudence on the matter?
RULE:
35 U. S. Code §101: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.”