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« Supreme Court Issues Decision in AMP v. Myriad | Main | Association for Molecular Pathology v. Myriad Genetics, Inc. (2013) »

June 13, 2013


Claims clearly limited to non-naturally-occurring nucleic acids, such as ... a nucleic acid in which the order of the naturally-occurring nucleotides has been altered (e.g., a man-made variant sequence), remain eligible.

Is this an accurate reading of Myriad? If I am the first to discover a particular gene (and discover a utility for it), and the gene doesn't have introns, can I get a claim to all of the nucleotide sequences coding for that gene if I disclaim the "naturally occurring" sequence?

Similarly, what happens if I discover a new, useful protein expressed by an organism, without any knowledge of the organism's genome (its genome hasn't been sequenced), and I want to claim a novel non-obvious DNA encoding that protein. I obtain the amino acid sequence of the protein directly from the protein.

Assuming the organism does not have introns, do I have to first sequence the genome of the organism and disclaim the naturally-occuring sequence? Or can I just use the phrase "wherein the nucleic acid encoding the protein consisting of SEQ ID X does not include a nucleic acid sequence found in nature"?

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