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Category Archives: Patently BIOtech
India Compulsory License: A Times of India Article Says It’s Not Helping the Poor
India recently issued a compulsory license on Bayer’s liver and kidney cancer drug (Sorafenib) with the stated goal of providing access to India’s poor. However, the Times of India recently ran the article Cheap generics drugs no panacea for India’s poorest, quickly dispelling this myth: “The compulsory license system might not really work because poor people cannot even afford the discounted price,” said G. Balachandhran, former head of the National Pharmaceutical Pricing Authority (NPPA), India’s drug Read More >
Mayo v. Prometheus: BIO Statement on Supreme Court Decision
By Hans Sauer, Deputy General Counsel for Intellectual Property, Biotechnology Industry Organization We are surprised and disappointed in the Court’s decision, which disregarded the considered judgment of the Executive Branch experts and numerous amici such as BIO, who warned about the unintended consequences of attempting to use patent eligibility as a basis to strike down these patents for biomarker-based diagnostic methods. While we are still analyzing the opinion, we are concerned that it introduces new and Read More >
Patent “Ever-Greening”: Novartis Confronts Patent Myth in India
India’s ‘increased efficacy’ patentability requirement for medicines prevents an improved form of a known drug from receiving a patent unless the new form is significantly more effective than the previously-known form. This provision aims to accomplish one task: stop patent “ever-greening.” This issue has risen to prominence lately as the New York Times reports on the Novartis suit challenging patent ever-greening requirements in India’s Supreme Court. So what is patent ever-greening? Opponents claim that corporations Read More >
BIO IP Counsels Conference Agenda Topics
Join us in Austin for BIO’s Intellectual Property Counsels Committee Conference on April 16-18. Agenda topics are below. The Decline of Process Patents: This session will examine the enforceability of process claims and how it has led to the recent controversy around divided infringement. Unlike claims to machines, manufactures, and compositions, process claims can be divided up by different actors, or by jurisdiction, and conceivably even by time. Right now the focus is on different Read More >
