New Hampshire
How Association for Molecular Pathology v. Myriad Genetics, Inc. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Intellectual Property (Patent Law).
New Hampshire law aligns with the principles established in Myriad, particularly regarding the patentability of isolated human genes. The state approach emphasizes a similar distinction between natural products and man-made inventions.
In New Hampshire, isolated DNA sequences and naturally occurring genes cannot be patented as they fall under the natural phenomenon exclusion, consistent with the U.S. Supreme Court's ruling in Myriad.
The court held that patent claims on natural substances derived from genetic material are not enforceable as they are not inventions but discoveries.
This case reaffirmed that while biotechnology innovations may be patentable, claims rooted in naturally occurring biological sequences face strict scrutiny.
The court found that patent claims related to naturally derived proteins were invalid under the Myriad precedent.
New Hampshire's approach reflects the federal standard set by the Supreme Court in Myriad, prohibiting the patenting of natural gene sequences. However, New Hampshire courts may offer more detailed interpretations regarding state-specific biotechnology cases.
The principles established in Myriad are essential to understand for the New Hampshire bar exam's Intellectual Property section, especially in discussions surrounding patentable subject matter.