Category Archives: Patently BIOtech

Whole Genome Sequencing and Myriad Supreme Court Case: Nothing to See Here

Supreme Court - Phil Roeder

Bio IT World just published an article stating that the Myriad Supreme Court case will have little to no effect on whole genome sequencing. “As WGS involves determining the sequence of an individual’s entire genome, there is concern in many quarters that WGS could violate essentially every patent covering an isolated human DNA sequence—of which there are thousands. Indeed, this concern has been raised by scholars, policy analysts and lawyers, including before the Federal Circuit Read More >

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Inter Partes Review – a Useful Tool for Overcoming Freedom-to-Operate Obstacles

Basic CMYK

By Eric K. Steffe, Eldora L. Ellison, Ph.D., Todd Spalding, and Deborah A. Sterling, Ph.D. For companies facing freedom-to-operate obstacles, the AIA provides a number of tools for dealing with troublesome patents.  While proceeding at risk in the face of such patents sometimes make sense, inter partes review (IPR) provides a viable option for challenging them and should be considered as a valuable addition to one’s freedom-to-operate toolbox. Inter partes reexamination (IPX), which (bio)pharma used Read More >

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Traditional Knowledge and Genetic Resources: India Misses the Mark

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India recently asked the global community for comments on its “Draft Guidelines for Processing of Patent Applications Relating to Traditional Knowledge and Biological Material.”  BIO was very active in their support of the goals of the Convention on Biological Diversity and “believes that a practical and workable Access and Benefit Sharing regime will benefit both the owner and the user of genetic resources and help countries to utilize their resources to develop their economies.”  BIO Read More >

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The ‘Access to Medicines’ Debate: Throwing Patients Without Cures Under the Proverbial Bus

Access to Medicines

The vast majority of the world’s patients remain completely forgotten in the ‘access to medicines’ debate.   Many fail to understand how that elimination will affect the development of the cures and treatments of tomorrow, especially for rare diseases, cancers, and other serious unmet medical conditions. The Forgotten: 25 million Americans suffer from nearly 7000 rare diseases.  30 million European Union citizens suffer from between 6000 to 8000 rare diseases, 80% of which are of genetic origin Read More >

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SIPO Examiner Workshop: Biotech Patent Practices in the U.S., China and Japan

Great Wall of China - Image by jrover

The biotechnology industry is an invention-intensive industry that relies heavily on the protection of intellectual property, especially patent rights. Patent protection is territorial, and patent practice varies in different jurisdictions. Many foreign biotech companies continue to look at China as an important emerging market, and they increasingly file patent applications in China to develop their global patent portfolios. At the same time, China has made biotechnology one of the eight strategic new technology focuses in Read More >

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