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The effects of Myriad and Mayo on molecular test development in the US and Europe: interviews from the Frontline


Liddicoat, J and Liddell, K and Aboy, M, The effects of Myriad and Mayo on molecular test development in the US and Europe: interviews from the Frontline, Vanderbilt Journal of Entertainment & Technology Law, 22, (4) pp. 785-837. ISSN 1942-678X (2019) [Refereed Article]

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DOI: doi:10.2139/ssrn.3381553


US Supreme Court decisions in Mayo Collaborative Services v. Prometheus Laboratories and Association for Molecular Pathology v. Myriad Genetics Inc. caused US and European law on what is patentable subject matter to diverge significantly. Both cases related to molecular tests and changed decades of patent practice. Whether the decisions adversely affect the development of molecular tests in the United States and Europe has been a matter of much speculation but limited empirical investigation. This interview-based study has three main findings. First, Myriad and Mayo have negatively affected the development of some molecular tests. Notably, half of the US university technology-transfer offices interviewed decided not to develop tests, and many other organizations have found the legal uncertainty following the cases problematic. Second, small "patent-precarious" organizations—those that rely heavily on patents for competitive advantages, such as technology-transfer offices—have been the most affected because patent protection is now often weaker and more difficult

Item Details

Item Type:Refereed Article
Keywords:patent law, US, Europe, molecular test, patent, patentable subject matter, patent eligibility, 35 USC 101, US, Europe, interviews, empirical, comparative
Research Division:Law and Legal Studies
Research Group:Law in context
Research Field:Law, science and technology
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Legislation, civil and criminal codes
UTAS Author:Liddicoat, J (Mr John Liddicoat)
ID Code:145077
Year Published:2019
Deposited By:Office of the Faculty of Law
Deposited On:2021-06-29
Last Modified:2021-09-15

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