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Title:Patent Eligibility Reform and the Public Health
Author(s):Sherkow, Jacob S.
Subject(s):Myriad
public health
genetics
patent
§ 101
medicine
diagnostics
reform
policy
legislation
Abstract:The 2013 decision by the Supreme Court of the United States in Association for Molecular Pathology v. Myriad Genetics, Inc. was seen by many as a triumph for public health. The opinion declared human genes to be ineligible for patent protection under the patent statute’s gatekeeping provision, § 101, allowing companies offering single-gene diagnostic tests, like those for early onset breast cancer risk at issue in Myriad Genetics, to flourish unencumbered by patent strictures. After several controversial and confusing decisions by the Supreme Court, however, there is now bipartisan interest in Congress to amend § 101, including a recent proposal to overrule Myriad Genetics and similar cases. Here, I review the legal crisis that has led legislators to this place and discuss how amending § 101 to overrule Myriad Genetics may—or may not—impact the public health
Issue Date:2019-07-10
Publisher:Milbank Quarterly
Citation Info:Jacob S. Sherkow, Patent Eligibility Reform and the Public Health, 97 Milbank Q. 654 (2019)
Genre:Article
Type:Text
Language:English
URI:http://hdl.handle.net/2142/110353
DOI:10.1111/1468-0009.12408
Date Available in IDEALS:2021-08-24


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