由AMP v. Myriad Genetics, Inc.案談基因專利之適格性

The U.S. Supreme Court's decision on Association for Molecular Pathology v. Myriad Genetics, Inc. has drawn wide attention from the academia and the biomedical industries. The most controversial issue underlying the decision is the patentability of isolated DNA and cDNA. This study first introduces a series of U.S. Supreme Court decisions on patentability and the subject matter issues. By providing an overview of the Myriad case decisions, from the district court to the Supreme Court, this Article illustrates the complicated legal issues associated with gene patenting. Interestingly, the European and Australia authorities have had different perspectives on the patentability of Myriad's technologies, which are analyzed in the Article from a comparative perspective. Furthermore, this paper explores a number of policy implications from the Myriad case, including the patentability of product of nature, patent and innovation, and the protection of patients. This Article uses the Myriad case to illustrate the complicated interaction between science and the patent system. Finally, Myriad's IP strategy after the Supreme Court decision also presents the tricky interface between patent protection and trade secret protection.