The US Court of Appeals for the Federal Circuit (CAFC) has held that isolated DNA molecules are patentable, because in their opinion such molecules do not exist in nature. Although the decision is likely to be welcomed by the biotechnology industry, it does leave some uncertainty for diagnostics companies. The latest ruling overturns a 2010 decision by a US district court that sent ripples through the biotechnology and diagnostics fields when they decided that isolated DNA was not patentable. The lower courts decision sparked alarm because it was at odds with the long-standing position of the US Patent and Trademark Office (PTO) - the body responsible for issuing US patents - which permits the patenting of isolated DNA molecules.
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