The Future of Gene Patenting and the Biotechnology Industry after Association for Molecular Pathology, et al. v. U.S. Patent and Trademark Office, et al

Abstract

The recent decision by Judge Sweet in Association for Molecular Pathology, et al. v. U.S. Patent and Trademark Office, et al has the potential to dramatically alter the landscape of pharmaceutical research in the United States. As more companies use genetic data and research to tailor drugs to specific individuals, gene patents have become a tool to insure long-term profitability. While the district court’s decision will be tested on appeal, the industry must face the possibility that gene patents may be curtailed or even eliminated. Certainly biotechnology research will encounter greater public scrutiny as the case moves forward.