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Category Archives: Patently BIOtech
Gene Patents, Angelina Jolie, and Reality
By Dr. Hans Sauer, J.D., Deputy General Counsel for Intellectual Property, Biotechnology Industry Organization Angelina Jolie recently announced her personal connection with breast cancer and Myriad’s BRCA genetic test. While Jolie’s post was a commendable personal account of the real world impact of breast cancer and the real world impact of developments in healthcare technology, a few less informed individuals have tried to take advantage of this recent announcement from stardom and spread misinformation. Let’s Read More >
Canada Patent Utility: Former USPTO Director Interview at BIO Convention
David Kappos, former Director, US Patent and Trade Office and current Partner Cravath, Swaine and Moore, LLP discusses the Canadian Utility Requirement.
What OxyContin Tells Us About the Value of “Evergreening” and Patents
A few weeks ago, the FDA announced that they would not allow generic versions of older versions of OxyContin. The original formulation of OxyContin goes off patent today. The original formulation did not have “tamper-resistant qualities” that prevent people from “crushing, breaking, and dissolution using a variety of tools and solvents.” The article reports that the decision will keep Teva Pharmaceuticals and Impax Laboratories from making the older version which the FDA has determined is too dangerous Read More >
The Justness of Gene Patents
Most of the biotechnology world awaits the U.S. Supreme Court’s answer to the Question Presented, “Are human genes patentable,” in the Association of Molecular Pathologists et al. v. Myriad Genetics case. Claims to “human genes” have a canonical form that has been developed over the thirty years during which “genes” (human or otherwise) have been patented under U.S. law: An isolated nucleic acid having a nucleotide sequence that encodes a protein having an amino acid Read More >
Patent Utility Requirements for Biopharmaceutical Inventions: How Much is Enough?
A debate between the innovative and generic perspectives on pharmaceutical patent law in Canada, moderated by David Kappos, will be held in Chicago on Monday April 22nd from 2:30-3:30pm in room S404A at this year’s BIO International Convention. Former Undersecretary of Commerce for Intellectual Property and USPTO Director David J. Kappos will moderate a panel of legal experts who will discuss recent developments in the area of patent utility and its implications for biopharmaceutical innovation. Read More >
