“The United States Supreme Court made a serious and harmful blunder in its decision in Association for Molecular Pathology v. Myriad Genetics, Inc. Their first holding was that a gene or portion of a gene extracted as a strand of DNA from a genome is not an invention, but something found in nature, and thus not patentable. So far, so good. Unfortunately, they erred in reaching their second holding, that a strand of cDNA, which is derived by a different process, and contains only a single gene, is patentable. This means that genes do, despite the headlines, remain patentable.”
http://www.lewrockwell.com/blog/lewrw/archives/139732.html
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