PATENTING ISOLATED HUMAN ENHANCER ELEMENTS & THE UTILITY REQUIREMENT PROBLEM.

The article focuses on the patentability of isolated human enhancer elements and its utility requirement for the patenting in the U.S. It explains on the fundamentals of genetics and compares the differences between coding and noncoding DNA It discusses the current legal framework for patenting polynucleotides under several cases of the U.S. Association for Molecular Pathology v. Myriad Genetics, Inc. (Myriad), In re Fisher and Mayo Collaborative Services v. Prometheus Laboratories, Inc.