Patents on human genes
Association for Molecular Pathology v. Myriad Genetics
In brief
The Court drew a line between natural DNA, which cannot be patented just because it is isolated, and lab-made cDNA, which can qualify for patent protection.
- Where it stands
- Decided
Decided 9-0 · June 13, 2013 · Opinion by Justice Thomas
- What it’s about
- The Association for Molecular Pathology and others challenged Myriad Genetics’ patents on human genes.
- Who it affects
- For Myriad and other patent holders, naturally occurring DNA cannot receive protection based only on isolation, while cDNA remains eligible for patent protection.
Summary: written with AI from the case record.
What it's about
The Supreme Court partly upheld and partly overturned the appeals court’s decision: isolated, naturally occurring DNA cannot be patented, but lab-made complementary DNA (cDNA) can be patented because it does not occur naturally.
The case tested whether the Patent Act allows patents on naturally occurring human DNA and lab-made DNA.
Question presented
Does §101 of the Patent Act allow patents on human genes?
What the Court decided
Holding
A naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but cDNA is patent eligible because it is not naturally occurring. 689 F. 3d 1303, affirmed in part and reversed in part.
The Court's reasoning
The Court said that isolating naturally occurring DNA does not turn it into a new invention. Lab-made cDNA is different because it does not occur naturally.
The vote
What's next
Courts and patent decision-makers can apply the Court’s distinction to DNA patent claims: isolation alone does not make natural DNA eligible, while cDNA is eligible.
Documents
Opinions
Audio
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Audio Recording added: Oral Arguments - Association for Molecular Pathology v. Myriad Genetics, Inc.
Opinion added: Opinion
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.