Category Archives: Patently BIOtech

Novartis at India Supreme Court: Evergreening Myths and Patent Reality

Pine

Novartis will go before India’s Supreme Court on September 11, 2012 challenging the refusal by the Indian Patent Office to grant a patent on its cancer drug Glivec.  The Indian Patent Office rejected Novartis’ application under a provision in Indian law which is aimed at guarding against so called “patent evergreening.” BIO has written two posts deconstructing the myth of patent evergreening. 1.  Patent “Ever-Greening”: Novartis Confronts Patent Myth in India 2.  Patent Evergreening in Read More >

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AMP v. Myriad: BIO Statement on Federal Circuit (Re)Decision

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BIO released the following statement on the Federal Circuit’s decision in the AMP v. Myriad case on remand from the Supreme Court to reconsider in light of Mayo v. Prometheus. “Today’s decision by the U.S. Court of Appeals for the Federal Circuit confirms long-standing law under which valuable DNA preparations, bacterial enzymes, plant-derived antibiotics and other industrially and medically useful substances can be considered for patenting. Such patents have long provided critical incentives for expensive Read More >

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Technology Transfer Impact? Senator Bayh Informs on IPWatchdog

BirchBayh

IPWatchdog published an article by former Senator Birch Bayh highlighting a BIO commissioned study showing the economic impact of technology transfer on the U.S. economy.  “A new study shows that this spinning of straw into gold is precisely what our academic research organizations have been quietly doing year after year.  The just released report “The Economic Contribution of University/Nonprofit Inventions in the United States: 1996-2010” provides a much needed dose of good economic news when Read More >

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USPTO Blogpost Brings Mayo Down to Earth

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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 >

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Developments in the creation of a single EU Patent System stalled – Again.

Catherine Mcloughlin

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 >

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