In the wake of the Myriad decision, investment exploded from $6.21 billion in 2013 to over $17 billion in 2018, and a wide range of new tests for genetic conditions became available.3 In 2014, the Supreme Court held in Alice v. [...] And it would authorize patents on any use or transmission of the information these genes convey, allowing the Patent Office to grant corporations exclusive rights to the use of life-saving medical knowledge to diagnose and treat people who are currently suffering as well as to predict our risks of developing diseases in the future. [...] Centers for Disease Control and Prevention (CDC) defensively filed its own patent applications, explaining this step was deemed necessary to “prevent folks from controlling the technology” and “give the industry and other researchers reasonable access to the samples.”11 Thanks to the Supreme Court’s clarification of patent eligibility law, patent races have not hampered the COVID-19 response. [...] To ensure the record represents the interests of the public beyond patent owners and private companies, attached hereto are a selection of statements from groups that participated in the 2019 hearing as well as the USPTO’s report summarizing the comments it received.19 Selected Responses to Witness Testimony at the Recent Hearing We also wish to address directly a few of the inaccurate statements. [...] For the 15% of applications that had only an eligibility rejection pending at the time of abandonment, the proportion of foreign-owned applications climbed to 85%.
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