Author Archive: Roy Zwahlen

Roy Zwahlen

Roy is Associate Counsel at BIO and the main contributor for Patently Biotech. He is a lawyer by training, with a background in international and national politics. He grew up in the developing world and believes that innovation can and does solve many of the world’s problems. Because of this, his work focuses on creating a worldwide policy environment that fosters innovation in the biotechnology sector to prevent and cure diseases such as HIV, to increase crop yields to feed more people, and to decrease the harmful effects of industry on the environment. Roy spends his free time keeping up with his three kids, a wife that knows everything (no joke), and serving in his church and broader community. Learn more about Roy from his Linkedin Profile.

Latest Posts

USPTO Blogpost Brings Mayo Down to Earth


The United States Patent and Trademark Office Director David Kappos posted a blogpost called “Some Thoughts on Patentability” which discusses a recent Federal Circuit decision in CLS Bank International v. Alice Corporation and the lessons we should learn from the Federal Circuit.  “Based on my experience, I appreciate the wisdom of the court’s discussion relating to resolving disputed claims by focusing initially on patentability requirements of § 102, 103, and 112, rather than § 101. Read More >

Patently BIOtech  |  Leave a comment  |  Email This Post
Tags: , , , ,

The U.S. Government’s Position in ACLU v. Myriad Genetics

Hans Sauer BTN

Hans Sauer, BIO’s Deputy General Counsel for Intellectual Property, comments on  the Department of Justice’s brief and oral argument in the Myriad “gene patent” case.  Read his guest collumn on IPWatchdog. I have often wondered why the DOJ showed up out of nowhere two years ago, and started pressing legal theories that are contrary to decades of U.S. government policy and established patent law, and that would potentially invalidate thousands of patents to DNA molecules, enzymes, Read More >

Patently BIOtech  |  Leave a comment  |  Email This Post
Tags: , , ,

Patent Evergreening in India: Response from the Other Side


Thank you Adriana for commenting on my article Patent “Ever-Greening”: Novartis Confronts Patent Myth in India.  Before I respond, here is your full comment: Adriana says: While patients in India may still be able to access a generic form of off-patent imatinib mesylate (Glivec) if Novartis wins their legal challenge (because this “original form” was never patented in India due to India’s patent law not allowing product patents on medicines prior to 2005), a legal Read More >

Patently BIOtech  |  Leave a comment  |  Email This Post
Tags: , , ,

Seed Patents: How Innovation May Get Lost in the Grain Elevator


The Bowman v. Monsanto case currently on petition for a writ of certiorari to the Supreme Court highlights some unique aspects about protecting agricultural biotechnology innovation. On April 2, the Supreme Court invited the Solicitor General to file a brief to explain the views of the United States on the Federal Circuit’s refusal to find patent exhaustion and whether an exception to that doctrine should be created for self-replicating technologies. Before making recommendations about patent Read More >

Patently BIOtech  |  1 Comment  |  Email This Post
Tags: , , , , , , ,

Gene Patent Discussion Should Include Industrial, Environmental, & Ag Biotech


Twenty-three industrial and agricultural biotech companies, ranging from development-stage businesses to all of the largest players in the field, sent a letter to the Solicitor General expressing concern over the pending appeal in the Myriad “gene patents” case.  The companies wrote the letter to correct the myopic view that this case is only about human genetic diagnostics. The case could potentially adversely impact agricultural and industrial biotechnology, whose activities are far removed from the clinical Read More >

Patently BIOtech  |  Leave a comment  |  Email This Post
Tags: , ,