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Abstract
This article, by Lynn C. Tyler, a partner in the Indianapolis office of Barnes & Thornburg LLP, provides an introduction to DNA and summarizes the science behind how the specific DNA sequences that function as genes, our hereditary material, are discovered. The article then reviews several important decisions of the Supreme Court that have decided whether particular subject matter is patentable under 35 U.S.C. § 101. Finally, this article considers whether, in light of the existing Supreme Court precedent, DNA sequences that correspond to genes should be patentable subject matter. [PUBLICATION ABSTRACT]