Productos de la naturaleza y el Caso Association for Molecular Pathology V. Myriad Genetics, Inc.
The Supreme Court of Justice of the United States in Association for Molecular Pathology vs Myriad Genetics, Inc rules out patents over isolated dna as they were not different from products of nature, yet it maintains patents over synthetizes genes or dnac. This decision has redefined the scope of t...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Externado de Colombia
2013
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4775088 |
| Source: | Revista la propiedad inmaterial, ISSN 1657-1959, Nº. 17, 2013, pags. 263-281 |
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| Summary: |
The Supreme Court of Justice of the United States in Association for Molecular
Pathology vs Myriad Genetics, Inc rules out patents over isolated dna as they were
not different from products of nature, yet it maintains patents over synthetizes
genes or dnac. This decision has redefined the scope of the doctrine of products
of nature on biotechnological invention as established by Diamond vs Chakrabarty.
Coincidentally, the Supreme Court´s new interpretation is in harmony with the
Andean Tribunal of Justice´ rulings. This article analyses the doctrine of products
of nature in the light of Association for Molecular Pathology vs Myriad Genetics,
Inc, its implications for the biotechnological industry and the jurisprudence of
the Andean Tribunal of Justice. |
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