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Category Archives: Patently BIOtech
“Should the USPTO allow the patenting of living organisms?”
Most people associate patents with mechanical or electronic devices, new chemical substances, intricate machines or other inanimate things. The notion that patents are also available for living things may be puzzling at first. A patent is a form of property right that allows its owner a certain measure of control over how others may make, use or sell the patented invention. Surely the inventor of e.g. a new gyroscope sensor (like those used in Segway Read More >
India’s IP Policy: India’s Lead Biotech Innovator Expresses Concern
Kiran Mazumdar-Shaw, chairperson and managing director of India’s largest biotechnology company Biocon, expressed concern with India’s innovation environment in a recent interview with Livemint. When asked if the Indian government fosters innovation Ms. Shaw responded: “I am very concerned about the wrong signals we are sending to the world. We have not done anything substantial to build India as a strong global economy. We have wasted a lot of opportunities. We behave like the world Read More >
Patent Trolls and Patent Litigation: The GAO Weighs In
Patent troll litigation alarmist were likely disappointed by the GAO report. While the public discourse may have already concluded that patent trolls have laid waste to the innovative landscape by creating a patent litigation crisis, the GAO report does not find much evidence to support such claims. Patent troll litigation is not running rampant. The GAO analyzed a sample of 500 patent infringement lawsuits from 2007 to 2011 and found that companies that make products (operating Read More >
What a Patent is Not
‘Patent trolls.’ ‘Patients over patents.’ ‘Do Not Patent My Genes.’ ‘Patents ate my baby.’ Ok, so I made the last one up. The emphasis on patents in the public discourse has reached a new high. Yet, many commentators get the basics wrong. Here are a few things that a patent is not. A patent is not ownership of a thing, whether it is life, genes, viruses, computer code, or any other animate or inanimate object. Read More >
Fresenius v. Baxter: BIO files Amicus Brief in Federal Circuit
The Biotechnology Industry Organization filed an amicus brief at the Federal Circuit in the case of Fresenius v. Baxter: BIO is concerned that the panel decision could have a number of unintended consequences, such as incentivizing defendants (or declaratory judgment plaintiffs) to employ dilatory tactics in the federal courts while re-arguing already-decided issues under claim construction more favorable to the patent challenger and lower burden-of-proof standards in the PTO. Courts and parties may be forced Read More >
