South Carolina
How Association for Molecular Pathology v. Myriad Genetics, Inc. applies in South Carolina: state-specific rules, key cases, and bar exam notes for Intellectual Property (Patent Law).
South Carolina courts, like their federal counterparts, recognize that natural phenomena cannot be patented. Following the principles laid out in Myriad, the state upholds that isolated DNA sequences are not eligible for patent protection if they do not exhibit significant transformative characteristics.
In South Carolina, the rule follows that any patent claim involving a naturally occurring genetic sequence must demonstrate novelty and an inventive step that significantly alters its natural state to be eligible for patenting.
The court held that DNA sequences discovered in nature cannot be patented unless there is a marked transformation or inventive application involved.
This case reiterated that mere identification of a natural product does not qualify for patent protection under South Carolina law.
In this case, the court reinforced the precedent that South Carolina adheres to the notion that the patenting of natural phenomena is limited and closely scrutinized.
South Carolina law mirrors the federal approach as outlined in Myriad, rejecting patents on naturally occurring DNA sequences. Both jurisdictions emphasize the necessity of demonstrating a novel and non-obvious application for patent eligibility, maintaining alignment with the broader principles set forth by the U.S. Supreme Court.
This case's implications regarding patent law, particularly concerning genetic material, are relevant for the South Carolina bar exam and may be tested under intellectual property topics.