ASSOCIATION FOR MOLECULAR PATHOLOGY V. MYRIAD GENETICS, INC: WHAT ARE THE EFFECTSON CLONING EXTINCT ANIMALS AND AGRICULTURE NOW THAT CDNA IS PATENTABLE?

摘要

Animal cloning has been debated for many years. It is a new technological process, and the long-lasting effects must be considered.' Due to the possible ramification of cloning animals, the decision from the United States Supreme Court in Associationfor Molecular Pathology v. Myriad Genetics Inc. must be examined closely.2 Specifically, the effects on the issue of cloning extinct animals and livestock must be analyzed because cDNA is used in the process of cloning.3 The Court also determined that anisolated DNA strand involving a naturally recurring piece of DNA prevents patentability.4 This additional decision will have legal ramifications related to cloning animals. Now that a part of the cloning process is patentable, but organisms that are naturally occurring are not, how will this affect the environment and the agricultural industry's introduction of cloned animals? The cloning process and the consequences of the Court's decision on extinct animals and agriculture will be analyzed in this Note.