Bloomberg Law: DNA Patent Eligibility Under Spotlight in Sarepta’s En Banc Bid
April 17, 2026
A recent Federal Circuit decision in RegenxBio v. Sarepta is sharpening the conversation around when engineered DNA qualifies for patent protection. In a Bloomberg Law article, Philadelphia-based Member David Gornish notes that the ruling reflects a faithful application of existing Supreme Court precedent, not a shift in the law, but one with important drafting implications. In particular, he highlights the value of explicitly stating what makes an invention “markedly different” from nature to help withstand patent‑eligibility challenges.
For patent prosecutors and litigators alike, the decision offers meaningful guidance on how claims may be evaluated going forward. Read the full article with David’s comments here.