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As a result, cDNA is not a "product of nature" and is patent eligible under § 101, except insofar as very short series of DNA may have no intervening introns to remove when creating cDNA.
For the reasons that follow, we hold that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but that cDNA is patent eligible because it is not naturally occurring.
This case involves claims from three of them and requires us to resolve whether a naturally occurring segment of deoxyribonucleic acid (DNA) is patent eligible under 35 U.S.C. § 101 by virtue of its isolation from the rest of the human genome.
"As a result, cDNA is not a 'product of nature' and is patent eligible".
Although recent Federal Circuit decisions have indicated that the mere presence of a computer is not sufficient to make an abstract idea patent eligible, the degree and significance of computer involvement appears to hold some sway in deciding whether or not an idea is patent eligible.
Of course, patent quality also means applying the law accurately and clearly even in areas of the law that are evolving, including, for example, the 101 jurisprudence on what is patent eligible subject matter.
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Cases such as CLS Bank present the courts with the challenge of addressing this ongoing debate while balancing, on the one hand, the prohibition against patenting ideas that are abstract and, on the other, ideas that are patent eligible.
The invention, they argued, was not sufficiently tangible; it was too broad to be patent eligible.
They concluded that the claim at issue did not and, as such, was patent eligible.
Judges Lourie and Moore agreed that Myriad's claims were patent eligible under § 101 but disagreed on the rationale.
With respect to the merits, the court held that both isolated DNA and cDNA were patent eligible under § 101.
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