IS THE SKY REALLY FALLING?: MYRIAD AND ITS IMPACT ON THERAPEUTIC DEVELOPMENT

In 2013, the Supreme Court held in Association for Molecular Pathology v. Myriad Genetics that isolated products of nature are not patentable subject matter. Researchers believe that many pharmaceutical advances reside in natural products, so commentators worry that if products of nature cannot be p...

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Bibliographic Details
Published inStanford law & policy review Vol. 34; no. 2; p. 311
Main Author Beardall, Taylor
Format Journal Article
LanguageEnglish
Published Stanford Law School 22.06.2023
Subjects
Economic incentives
Laws, regulations and rules
Patent licenses
Patentability
Therapeutics, Experimental
Online AccessGet full text
ISSN1044-4386

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Summary:In 2013, the Supreme Court held in Association for Molecular Pathology v. Myriad Genetics that isolated products of nature are not patentable subject matter. Researchers believe that many pharmaceutical advances reside in natural products, so commentators worry that if products of nature cannot be patented, then promising innovation in this area will not be pursued. Because of these fears, Congress has recently focused on reforming the patent eligibility statute to abrogate the Court's recent limiting case law. But even after congressional hearings and public comment periods, there is still little rigorous evidence of how Myriad has affected innovation. This Note seeks to fill this gap by contributing new evidence to the debate, paying particular attention to therapeutics derived from natural products.
ISSN:1044-4386