Delaware
How Association for Molecular Pathology v. Myriad Genetics, Inc. applies in Delaware: state-specific rules, key cases, and bar exam notes for Intellectual Property (Patent Law).
Delaware law closely follows federal patent law regarding the patentability of natural phenomena and abstract ideas, adhering to the principles established by the U.S. Supreme Court in Myriad. Delaware courts have maintained a consistent stance against granting patents for mere discoveries of natural products without significant transformation or innovation.
Under Delaware law, as reinforced by federal precedent, isolated DNA sequences are not patentable unless they exhibit marked utility or transformative qualities under 35 U.S.C. § 101.
The court ruled that claims that merely describe natural laws are not patentable unless they involve more than routine and conventional activity.
Delaware courts rejected patent claims for isolated DNA based on principles established in Myriad, preserving the natural products exception.
The court determined that innovation must significantly alter a natural product for patent eligibility, further asserting Myriad's rationale.
Delaware's approach aligns with federal standards set forth in cases like Myriad and Mayo, emphasizing that patents cannot claim natural products as they exist in nature. Unlike some states that may adopt broader interpretations of patent eligibility, Delaware remains strict in adherence to federal precedents.
This case is relevant for Delaware bar exam candidates, particularly in understanding the limitations on patent eligibility pertaining to natural substances and processes.