The Myriad Decision at 10

Jacob S. Sherkow, Robert Cook-Deegan, Henry T. Greely

Research output: Contribution to journalArticlepeer-review

Abstract

A decade ago, the US Supreme Court decided Association for Molecular Pathology v. Myriad Genetics, Inc., concluding that isolated genes were not patentable subject matter. Beyond being a mere patent dispute, the case was a political and cultural phenomenon, viewed as a harbinger for the health of the biotechnology industry. With a decade of perspective, though, Myriad’s impact seems much narrower. The law surrounding patentable subject matter—while greatly transformed—only centered on Myriad in small part. The case had only a modest impact on patenting practices both in and outside the United States. And persistent efforts to legislatively overturn the decision have not borne fruit. The significance of Myriad thus remains, even a decade later, hidden by larger developments in science and law that have occurred since the case was decided. Expected final online publication date for the Annual Review of Genomics and Human Genetics, Volume 25 is August 2024. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
Original languageEnglish (US)
JournalAnnual Review of Genomics and Human Genetics
Volume25
Early online dateFeb 29 2024
DOIs
StateE-pub ahead of print - Feb 29 2024

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