在10点的"Myriad"决定
Jacob S Sherkow1,2,3, Robert Cook-Deegan4, Henry T Greely5
1College of Law and European Union Center, University of Illinois at Urbana-Champaign, Champaign, Illinois, USA;
Annual review of genomics and human genetics
|February 29, 2024
概括
在最高法院在"分子病理学协会诉Myriad Genetics, Inc".案中作出裁决十年后,该决定的决定.
科学领域:
- 生物技术法 生物技术法
- 知识产权知识产权知识产权
- 遗传学 是一个遗传学.
背景情况:
- 2013年,最高法院在"分子病理学协会诉Myriad Genetics, Inc".案中做出决定,宣布孤立的基因无法获得专利.
- 预计这一裁决将对生物技术行业的专利实践和未来的健康产生重大影响.
- 这起案件除了直接的法律后果之外,也引起了大量的政治和文化关注.
研究的目的:
- 重新评估Myriad Genetics决定对专利法和生物技术部门的长期影响.
- 评估该裁决在国内和国际范围内对专利实践的影响程度.
- 分析立法努力推翻最高法院结论的成功情况.
主要方法:
- 分析2013年后的专利法发展情况.
- 审查生物技术行业的专利化趋势.
- 审查立法提案及其结果.
- 对密里亚德决定的影响与更广泛的法律和科学进展的比较评估.
主要成果:
- 神秘的决定对可专利对象法的直接影响不像最初认为的那样具有变革性.
- 这一裁决对美国境内外的专利实践产生了适度的影响.
- 立法机构试图扭转这一决定,但没有成功.
- 更广泛的科学和法律发展已经掩盖了密里亚德案的意义.
结论:
- 尽管臭名昭著,但Myriad Genetics裁决对专利法的影响是有限的.
- 生物技术行业的专利格局由于超出了这一特定法院裁决的因素而演变.
- 神秘事件的真正遗产被过去十年科学和法律更显著的转变所掩盖.
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