Summary

The so-called “junk DNA” patents are controversial, and the meaning of the claims is contentious. In this report, the claims of the United States patent are dissected and interpreted according to current U.S. patent law. As discussed, the patents disclose an invention that uses polymorphic sequences in non-coding regions to assess the presence of a polymorphism in an exon of a linked coding sequence. In contrast to the assertion that the patent claims all non-coding region polymorphism, the requirement in the claims for linkage of the two polymorphisms limits the scope of the patent.