摘要:The Supreme Court of Justice of the United States in Association for Molecular Pathology vs. Myriad Genetics, Inc. rules out patents over isolated DNA as they were not different from products of nature, yet it maintains patents over synthetizes genes or DNAC. This decision has redefined the scope of the doctrine of products of nature on biotechnological invention as established by Diamond vs. Chakrabarty. Coincidentally, the Supreme Court’s new interpretation is in harmony with the Andean Tribunal of Justice’ rulings. This article analyses the doctrine of products of nature in the light of Association for Molecular Pathology vs. Myriad Genetics, Inc., its implications for the biotechnological industry and the jurisprudence of the Andean Tribunal of Justice.
关键词:Patent;DNA;DNAC;products of nature;Myriad Genetics;Andean Tribunal of Justice.;Patente;ADN;ADNC;producto de la naturaleza;Myriad Genetics;Tribunal Andino de Justicia.