The Myriad Decision at 10

Sherkow, Jacob S.; Robert, Cook-Deegan; Greely, Henry T.

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https://hdl.handle.net/2142/124060 Copy

Description

Title

The Myriad Decision at 10

Author(s)

• Sherkow, Jacob S.
• Robert, Cook-Deegan
• Greely, Henry T.

Issue Date

2024-08-28

Keyword(s)

• myriad
• intellectual property
• patent
• gene
• Supreme Court
• history

Abstract

A decade ago, the US Supreme Court decided Association for Molecular Pathology v. Myriad Genetics, Inc., concluding that isolated genes were not patentable subject matter. Beyond being a mere patent dispute, the case was a political and cultural phenomenon, viewed as a harbinger for the health of the biotechnology industry. With a decade of perspective, though, Myriad’s impact seems much narrower. The law surrounding patentable sub- ject matter—while greatly transformed—only centered on Myriad in small part. The case had only a modest impact on patenting practices both in and outside the United States. And persistent efforts to legislatively overturn the decision have not borne fruit. The significance of Myriad thus remains, even a decade later, hidden by larger developments in science and law that have occurred since the case was decided.

Publisher

Annual Review of Genomics and Human Genetics

Type of Resource

text

Copyright and License Information

Open Access

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