Category Archives: Patently BIOtech

Brazil Patent Policy: At a Crossroads

Photo By: DigiDreamGrafix.com

The Government of Brazil approaches the patent policy crossroads with two ministries wanting to move in opposite directions.  In the last few months, both the Brazilian Patent Office (INPI) and the Brazilian Regulatory Authority (ANVISA) issued proposed rules concerning patents and are sifting through public comments to determine how they will deal with biotech patents. A quirk in Brazilian law requires that the health regulatory authority (ANVISA) must provide “prior consent” on the grant of a pharmaceutical patent.  Traditionally, Read More >

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BIO IP Counsels Committee Conference: Spring 2013 Line-Up

San Diego

San Diego, California is the next site for the BIO IP Counsels Committee Conference.  On March 25, 2013, biotech IP counsel will gather for an event dedicated to providing in-house IP counsel opportunities to learn cutting edge issues, network with their peers, and to enjoy another great location.  Here is the session line-up and confirmed speakers with more speaker confirmations to come.  Visit BIO’s IP Counsels Committee Conference page to register and learn more. Pre-Conference Read More >

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Patently Biotech’s Top 5 Articles of 2012

By Vectorportal

2012 has been an eventful year for biotech IP issues.  Below are the top 5 articles and from Patently Biotech in 2012.  Click on the links to read the full articles. 1.  The Real Reason Why Salk Refused to Patent the Polio Vaccine A guest writer in a recent article in the Wall Street Journal repeated the oft quoted Jonas Salk statement about his Polio vaccine: “There is no patent.  Could you patent the sun?”  Many use this statement Read More >

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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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