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For those of you out there who know how patents are supposed to work, for something to be patentable it needs to be "non-obvious" as well as "unique".
If you worked for RCA and you invented something patentable, it belonged to RCA.
For a process to be patentable, it must involve a physical transformation to a different state or thing, or must be tied to a particular machine.
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The Court decided that it was not patentable, because it lacked the characteristics of an invention.
The court said that Myriad's patent claims on the process of analyzing whether a patient's genes had mutations that raised the risk of cancer was not patentable because it involved only "patent-ineligible abstract mental steps".
Certainly if I look at paragraph five of the directive where it says that certain processes are not to be considered patentable, then it seems to me that the directive is perfectly clear.
But Nastech approached Dr. Bloom with an idea that had the potential to solve both problems: a nose spray would eliminate the need for shots and would be patentable, because it would combine the hormone with other compounds already patented by Nastech to temporarily open pathways from nasal cells to the bloodstream.
In one judge's elegant phrase, "utility was suggestive of originality .It is hard to argue now that barbed wire should not have been patentable; but it is also hard to say who actually deserved the patent.
That case does not directly concern gene patents — it is about a fight over a method of hedging risk in commodities trading — but it gives the Supreme Court a chance to set new standards on what is patentable.
He said that isolated DNA should not be patentable "because it is simply native DNA extracted from the body".
Similarly, an invention is not patentable if it would have been obvious to someone in the field based on what was already public knowledge at the time.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com