Louisiana
How Association for Molecular Pathology v. Myriad Genetics, Inc. applies in Louisiana: state-specific rules, key cases, and bar exam notes for Intellectual Property (Patent Law).
Louisiana follows a strict interpretation of patent eligibility, which corresponds with federal guidelines post-Myriad. The state aligns its intellectual property law with constitutional principles limiting patent claims on natural phenomena.
Under Louisiana law, as reinforced by the Myriad decision, patents cannot cover naturally occurring genes or sequences, preserving public access to natural genetic information.
The court reaffirmed that patent protection is unavailable for naturally occurring substances, aligning with the precedents set by Myriad.
This case determined that intellectual property claims on agricultural genes must also follow guidelines prohibiting patents on naturally occurring phenomena.
The court held that synthetic modifications that do not significantly human-engineer a product may still be regarded under strict scrutiny against natural occurrences.
Louisiana's interpretation closely mirrors the federal standard established by the Supreme Court in Myriad, which prohibits patent claims on natural products. While Louisiana law offers similar protections to infringe patentability on natural phenomena, it is primarily aligned with the broader federal jurisprudence.
Understanding the implications of Myriad on patent law is crucial for the Louisiana bar exam, particularly regarding the distinction between natural and non-naturally occurring substances.