Reference no: EM133349384

Assignment:

Watch the "Patenting Human Genes" video clip and read the information about the case found below. Then, answer the following questions.

The video involves the United States Supreme Court decision in the case, Association for Molecular Pathology v. Myriad Genetics, Inc., 133 S. Ct. 2107 (2013), in which patients, medical researchers and medical organizations, and others, brought suit against the U.S. Patent Office and Myriad Genetics challenging a patent issued under the Patent Act on genes showing that a woman was at higher risk for breast and ovarian cancer. The right to patent inventions originates in Article 1, Section 8 of the United States Constitution, but is not challenged in the Myriad case.

In its unanimous decision in Myriad, 133 S. Ct. 2107, 2116, the Supreme Court quotes the Patent Act: "Whoever invents or discovers any new and useful composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title." 35 U.S.C. § 101.The Court notes that it has "long held that this provision contains an important implicit exception: Laws of nature, natural phenomena, and abstract ideas are not patentable." The Court then cites the cases Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. ----, 132 S. Ct. 1289, 182 L. Ed. 2d 321 (2012), and Diamond v. Chakrabarty, 447 U.S. 303, 309, 100 S. Ct. 2204, 65 L. Ed. 2d 144 (1980), in support of this rule.

What did the U.S. Supreme Court decide in this case? Why?

a. The U.S. Supreme Court ruled unanimously that biotech companies may not patent human genes, but that genes made in a lab may be patented.

b. The U.S. Supreme Court ruled unanimously that biotech companies may not patent either human genes or genes made in a lab.

c. The U.S. Supreme Court ruled unanimously that biotech companies may not patent genes made in a lab, but that human genes may be patented.

Question Content Area

What type of governmental entity is the U.S. Patent and Trademark Office? Which branch of government is it part of?

a. administrative agency; executive branch

b. administrative agency; legislative branch

c. legislative subcommittee; legislative branch

d. state bureau; judicial branch

Question Content Area

The sources of law described in Chapter 5 that are involved in the case include:

a. court opinions.

b. statutes.

c. agency decisions.

d. all of these.

Question Content Area

The cases May v. Prometheus and Diamond v. Chakrabarty are examples of precedent and how stare decisis is invoked by the Supreme Court.

True

False