“Is DNA Still Patentable?” John J. Cunniff, Esq.

John J. Cunniff

A recent decision in the U.S. District Court for the Southern District of New York has called into question the validity of patent claims directed to isolated DNA sequences and to methods related to detecting mutations in genes. While the decision is certain to be appealed, the ruling has reignited debate regarding the patentability of gene sequences. Fundamental to this debate is whether DNA is primarily a chemical compound or genetic information.