Category Archives: Patently BIOtech

IP in Latin America: Growing Recognition of the Importance of IP to Innovation

Photo by Márcio Cabral de Moura

The Inter-American Dialogue’s daily Latin America Advisor recently asked the question “How seriously do Latin American countries protect IP rights?”  The editors asked various stakeholders about the U.S. Trade Representative’s Special 301 Report and its evaluation of Latin America’s protection of IP rights.  BIO’s Director for International Affairs, Meredith Fensom, commented on the growth of the innovative biotechnology sectors in Latin America and the critical role intellectual property plays.  “The presence of more than 60 Read More >

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Gene Patents, Angelina Jolie, and Reality

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 >

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Canada Patent Utility: Former USPTO Director Interview at BIO Convention

Photo credit to Meddy Garnet

David Kappos, former Director, US Patent and Trade Office and current Partner Cravath, Swaine and Moore, LLP discusses the Canadian Utility Requirement.

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What OxyContin Tells Us About the Value of “Evergreening” and Patents

Be.Futureproof

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 >

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The Justness of Gene Patents

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 >

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