Gene Patents: Striking the Right Balance Between Incentive and Innovation

May 1, 2024

The U.S. Supreme Court held human genes to be unpatentable subject matter in Association for Molecular Pathology v. Myriad Genetics, Inc.  The implications from this decision were, and to a large extent still are, unclear.  However, in the decade since this decision, a number of studies have begun to shed light on the fallout of Myriad.  This Note examines such studies and finds that they suggest a decline in investment and innovation in the biotech industry.  In order to promote research and innovation in the field of genetics, this Note then advocates for legislative action to reestablish the validity of gene patents.  This Note concludes by proposing a novel solution to the question of gene patent eligibility, suggesting that a narrowly tailored grant of patent eligibility to mutant variants of genes can strike the right balance of incentive and innovation for gene patents.

May 2024

No. 6