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Category Archives: Public Policy
Latest From Public Policy
USPTO Blogpost Brings Mayo Down to Earth
The United States Patent and Trademark Office Director David Kappos posted a blogpost called “Some Thoughts on Patentability” which discusses a recent Federal Circuit decision in CLS Bank International v. Alice Corporation and the lessons we should learn from the Federal Circuit. “Based on my experience, I appreciate the wisdom of the court’s discussion relating to resolving disputed claims by focusing initially on patentability requirements of § 102, 103, and 112, rather than § 101. Read More >
Developments in the creation of a single EU Patent System stalled – Again.
By Catherine McLoughlin, specialist solicitor for Biotech and Pharmaceutical Companies, Pannone LLP After 40 years of squabbling it was hoped that the European Union was close to finally establishing a single patent system. Following a decision ending six months of stalemate from the European Council on the location of three patent courts the European Parliament has refused to put the proposal for a single European patent to a vote. This brings further delays to the Read More >
The U.S. Government’s Position in ACLU v. Myriad Genetics
Hans Sauer, BIO’s Deputy General Counsel for Intellectual Property, comments on the Department of Justice’s brief and oral argument in the Myriad “gene patent” case. Read his guest collumn on IPWatchdog. I have often wondered why the DOJ showed up out of nowhere two years ago, and started pressing legal theories that are contrary to decades of U.S. government policy and established patent law, and that would potentially invalidate thousands of patents to DNA molecules, enzymes, Read More >
Patent Evergreening in India: Response from the Other Side
Thank you Adriana for commenting on my article Patent “Ever-Greening”: Novartis Confronts Patent Myth in India. Before I respond, here is your full comment: Adriana says: While patients in India may still be able to access a generic form of off-patent imatinib mesylate (Glivec) if Novartis wins their legal challenge (because this “original form” was never patented in India due to India’s patent law not allowing product patents on medicines prior to 2005), a legal Read More >
Massachusetts Governor and Lawmakers Improve Patient Access
Earlier this week Massachusetts Governor Deval Patrick signed the 2013 budget. Within that budget are two provisions that will ultimately benefit healthcare consumers within the Commonwealth. The first provision was a partial repeal of the Massachusetts gift ban law enacted two years ago. In the words of Governor Patrick, “This narrow change will afford healthcare providers some flexibility to be educated on new clinically relevant products and allow them to stay informed on advancements in Read More >
