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From what I understand, Myriad's test involved synthesis of cDNA (which we scientists refer to as "complementary DNA", not "composite DNA" as SCOTUS does). This
by daughart 13y ago
From what I understand, Myriad's test involved synthesis of cDNA (which we scientists refer to as "complementary DNA", not "composite DNA" as SCOTUS does). This is still covered by the patent. However, any test based on sequencing the genomic DNA, for example, would not violate Myriad's patent. Genomic sequencing of these genes was previously a violation of the patent. This is definitely a step forward.
In the long run, Myriad is hosed because they no longer own the sequence, including analysis. Any diagnostic not using reverse transcription of the mRNA does not violate Myriad's patent. This includes synthesis of any non-cDNA polymer, such as XNA.
- alsocasey 13y agoThe issue is that a hypothetical diagnostic attempting to sequence this region would likely be pre-processed with a PCR to facilitate sequencing of only the region of interest... this necessarily involves a cDNA step. You could sequence the whole genome at higher depth, but this would be more expensive. Edit: My mistake, the patent covers the reverse transcription step exclusively, not the act of transcription in general - which means PCR from genomic DNA is fine, but rtPCR or cDNA library construction is not... no scientific consistency there, but looks like cheaper BCRA tests in the near future.
- daughart 13y agoPCR is not covered by the patent, only reverse transcription of the processed RNA molecule to cDNA. There are many flavors of genomic PCR that are fine under this interpretation, including a rapid SNP-detecting digital qPCR.
- deleted 13y ago[deleted]