Category Archives: Patently BIOtech

PTO Patent Examinations in the wake of Mayo and Myriad

stopped-media-115x76

Biotech patent applicants are finding themselves in uncharted waters.   After the Supreme Court’s decisions in Mayo Collaborative Svs. v. Prometheus Labs and Ass’n for Molecular Pathology v. Myriad Genetics, companies have been trying to understand how these decisions will impact the industry. A recent study supported by BIO, in collaboration with Bloomberg BNA and the law firm of Robins, Kaplan, Miller & Ciresi analyzed how Mayo and Myriad have changed patent eligibility for biotechnology. Read More >

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

BIO Submits Comments on “Myriad” PTO Patent Guidance

Supreme Court - Phil Roeder

On July 31st, BIO, alongside a group of international bioindustry trade associations submitted comments to the United States Patent and Trademark Office regarding their March 4, 2014 Guidance on patent subject matter eligibility. Representing associations from Japan, Australia, Canada, the UK, Germany, Spain, Portugal Belgium, the Netherlands and others, the comments reflect a deep concern among the international community regarding how the PTO is interpreting the Supreme Court’s recent decisions in Mayo v. Prometheus and Read More >

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

Protecting your IP Overseas

shutterstock_2103563

According to the World Intellectual Property Organization (WIPO), nearly 100,000 biotechnology and pharmaceutical patent applications are filed worldwide each year, and the trend appears to be rising. As you’ve likely experienced, filing patent applications can be very complex, with different laws, deadlines and languages requiring highly technical translators for most countries in which you’re seeking protection. As a result, companies seeking IP protection often outsource their domestic and foreign patent filings to service providers to Read More >

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

Patent Parameters

Untitled-1

Supreme Court Finds Naturally Occurring DNA to Be Patent Ineligible Last summer, the Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., which concerned the patent eligibility of the BRCA1 and BRCA2 genes. In Myriad, a unanimous Supreme Court held that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated. The Court also determined, albeit with one caveat, that Read More >

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

US Public Organizations Leading Genomic Research, with Europe and Asia Catching Up

Gareth Williams  - Head Shot (March 2013) C High(2146527_1)

Since before the mapping of the human genome just over a decade ago, we have been applying our growing understanding the genome and associated –omes to medical and industrial uses. Thanks to this understanding, we now have the ability to pinpoint a specific genetic variation in a specific patient which can predict sensitivity to certain drugs. But where is innovation in genomics coming from? And where is it going? What roles are emerging markets playing? Read More >

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