Are Claims of Isolated DNA Eligible Subject Matter under Section 101 of the Patent Act or Is It Simply A Cloak to Patent A Human Gene?
Since most genetic disorders are due to a mutation in one or more human protein-coding genes, the study of the sequence of both mutated and wild type genes have been the cornerstone of research in patterns of inheritance, drug and therapy development, disease susceptibility and diagnosis, and cancer risk. Thus, it is no surprise that scientists have diligently identified more than 12,000 of the 30,000 human protein-coding genes.