Health Law and Policy Brief Volume 5 | Issue 2 Article 5 10-16-2013 Do the Patient Protection and Affordable Care Act's Provisions Rescue Commercial Genetic Research after Association for Molecular Pathology, et al., v. U.S. Patent and Trademark Office, et al. Thomas J. Kniffen American University Washington College of Law Follow this and additional works at: http://digitalcommons.wcl.american.edu/hlp Part of the Health Law Commons Recommended Citation Kniffen, Thomas J. "Do the Patient Protection and Affordable Care Act's Provisions Rescue Commercial Genetic Research after Association for Molecular Pathology, et al., v. U.S. Patent and Trademark Office, et al." Health Law & Policy Brief 5, no. 2 (2011): 32-38. This Article is brought to you for free and open access by Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Health Law and Policy Brief by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact
[email protected]. PPACA's provisions and its potential to rescue In 4ssociation for Molecular Pathology et al. commercial genetic research if the Federal v. US. Patent and lrademark Office, et al., the Circuit's decision in Association for Molecular U.S. District Court for the Southern District Pathology is reversed by the Supreme Court. of New York invalidated a claim to patent genetically developed material on the basis L, Patecints ad eneicResearch, that "[t]he patents issued by the [United States AU.S Constitution Patent Office] are directed to a law of nature and were therefore improperly granted."1 The Congress is authorized by the U.S.