The CAFC's decision in the "Myriad" gene patenting case: Background, outcome and ramifications

Activity: Talk or presentation typesLecture and oral contribution

Timo Minssen - Speaker

Title of my presentation: "The CAFC's decision in the "Myriad" gene patenting case: Background, outcome and ramifications". My speech will complement Prof. Dan L. Burk's (U.S.) seminar/lecture on "Patent Law's Problem Children: Software and Biotechnology in TransAtlantic Perspective. Abstract: On July 29th, 2011 the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a split decision in AMP v. USPTO (the Myriad case),. This presentation will first describe the background to this case, which is of great importance for the patentability of biotechnological and pharmaceutical technology. Then it will focus on the outcome of the majority opinion and discuss two substantive issues, i.e. (1) the patent-eligibility of the composition of matter claims (i.e. "isolated DNA"), and (2) the patent-eligibility of the method claims (i.e. the diagnostic method claims and the sole screening method claim). Brief references will also be made to the minority opinions and the standing issue. Finally, this presentation will address the (potential) impact of this seminal decision and evaluate the chances for a Supreme Court review.
16 Sep 2011

Event (Workshop)

TitleCurrent International Perspectives And Issues In Intellectual Property Rights
Date16/09/201116/09/2011
CityAarhus
CountryDenmark

ID: 33961949