The goose that laid the biotech patent golden egg is in trouble with the U.S. Supreme Court. Ironically, it was the Supreme Court that helped spur the industry with the watershed Charkrabarty ruling in 1980. But what has been giveth, can also be taken away. Beginning with the 2013 Myriad decision, the Supreme Court has stripped back eligible subject matter for so-called “products of nature,” raising doubts regarding whether any significant patent protection is left for biotechnology inventions. The trend continues as recently as June 27, 2016, when the Supreme Court let the Federal Circuit decision in Sequenom stand, resulting in claims directed to noninvasive prenatal screening of fetal DNA remaining a patent-ineligible subject.
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