US patent verdict “troubling”: BIO

US biotechnology industry body BIO believes that the recent court verdict on isolated DNA patents represents a “troubling” development for the sector.

The US Supreme Court last week ruled that patents covering isolated strands of DNA that are indistinguishable from naturally occurring genetic code are not patent eligible.

BIO president and CEO Jim Greenwood has issued a statement arguing that the verdict “represents a troubling departure from decades of judicial and Patent and Trademark Office precedent supporting the patentability of DNA molecules that mimic naturally occurring sequences.”

He noted that the US is now the only developed country to introduce such restrictions on DNA patents and that the verdict could “unnecessarily create business uncertainty for a broad ... range of biotechnology inventions.”

But Greenwood did welcome the ruling that the restrictions do not apply to composite DNA (cDNA) that is distinguishable from naturally occurring sequences.

“cDNA is the commercially most important form of DNA used in biotechnology,” he said. “Today’s decision offers urgently needed certainty for research-driven companies that rely on cDNA patents for investment in innovation.”

Greenwood also took issue with claims that patents covering genetic material risk stifling research or interfering with medical care. “The past 25 years have seen an unprecedented explosion of research and scientific publication on the human genome and the genomes of bacterial and viral pathogens,” he said.

“New biologic medicines, vaccines and tests have become available to treat previously untreatable conditions, benefit patients and improve medical care. These developments were not impeded by patents - they were aided by patents.”