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The U.S. Patent Office recently announced that it will not be
delivering its report on Genetic Testing as required under Section
27 of the America Invents Act ("AIA") by the June 16,
2012 deadline. Recall, under the AIA, the USPTO is required to
study effective ways to provide independent, confirming genetic
diagnostic test activity where gene patents and exclusive licensing
for primary genetic diagnostic tests exist. To complete this study,
the agency held two hearings and received a number of written
comments from the public. As of Friday, June 15, 2012, the USPTO is
in the process of finalizing its Genetic Testing report through an
intra-agency clearance process. Because of this, the agency has
alerted Congress that it will not be able to deliver the report on
June 16, 2012, the due date required by the AIA. The USPTO noted
that it will deliver its report as soon as possible once this
process is complete.
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