The Patent Doc blog continues its coverage of the amicus filings in the AMP vs USPTO (Myriad case). This time Alynylam's brief is discussed. Their brief simply asks the court to make a simple clear ruling that Judge Sweet errored in throwing out the BRCA patents. The new brief asks the court to affirm the previous understanding and definition of composition of matter -- "including compositions which are derived from natural products and which derive their beneficial effect from their interactions with natural phenomena."
The Alnylam brief argues that "chemical compounds (compositions of matter) are patent-eligible, even if they are analogous to those found in nature; even if they are keyed to or designed to operate via natural phenomena or processes; and even if they were discovered during research of those natural phenomena." Simple stated that isolated genes are still patent eligible.
Finally the Alynylam brief explains why "judicial exclusion of certain 'compositions of matter' from patent-eligibility would take an unambiguous term and move the United States into an interpretation of law that is inconsistent with its international treaty obligations, i.e. it would confuse the world.
Posted by Bruce Lehr December 16th 2010.