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Copyrighting DNA: an Off-Label Use

Published onAug 07, 2022
Copyrighting DNA: an Off-Label Use

19 Wake Forest J. Bus. & Intell. Prop. L. 34

POST ASSOCIATION FOR MOLECULAR PATHOLOGY V. MYRIAD GENETICS (“MYRIAD”) E VENTS ARE VIEWED FROM AN APPROACH WHERE CDNA IS DEEMED COPYRIGHTABLE SUBJECT MATTER . THE BASIC ANALYSIS SHOWS THAT THE IMPACT OF THIS PRONOUNCEMENT WILL BE FELT CONSIDERABLY IN AREAS OF INTELLECTUAL PROPERTY, NOTABLY PATENTS. THIS BASIC ANALYSIS MERITS CLOSER SCRUTINY AND PRESENTS AN EXTRAORDINARY CHALLENGE TO ESTABLISHED CONCEPTS, SUCH AS IDEA EXPRESSION DIVIDE, ABSTRACTION FILTRATION COMPARISON (“AFC”), MERGER DOCTRINE , AND FUNCTIONALITY DOCTRINE. THEREFORE, THE STRATEGIES USED IN FILING CLAIMS AND DEFENSES , ALONG WITH THE CHALLENGES THAT ACCOMPANY THEM, PRESENT RARE OPPORTUNITY FOR THE STUDY OF LAW AND ITS THEORIES.

THE ACTUAL HAPPENING OR NON- HAPPENING OF SUCH BOLD INCIDENT “CLAIM OF COPYRIGHT ,” THOUGH UNCERTAIN , IS ENTIRELY DEPENDENT ON CHOICES MADE BY AN INDIVIDUAL. NEVERTHELESS, THE EFFECT OF SUCH APPLICATION, WHETHER IT RESULTS IN GRANT OR DENIAL OF COPYRIGHT, SHALL CERTAINLY LEAD TO LOSS OF PATENT.

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