Cameron MacKendrick sponsors podcasts on issues of interest in IP law. In this one, I am trying to explain the debate surrounding both the patentability of “natural products” as well as the patentability of diagnostic assays and their relationship t
o the Bilski test for the patentability of methods in general. Chris Hansen, representing the ACLU, a plaintiff in the Myriad lawsuit, compares a patent claim to an isolated gene to an attempt to claim “gold isolated from gold ore.” Both are just products of nature, right? Do I hold my own? You decide.