Category Archives: Patently BIOtech

USPTO Blogpost Brings Mayo Down to Earth

Kappos-200

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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The U.S. Government’s Position in ACLU v. Myriad Genetics

Hans Sauer BTN

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 >

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Patent Evergreening in India: Response from the Other Side

Plant

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 >

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Seed Patents: How Innovation May Get Lost in the Grain Elevator

Seeds

The Bowman v. Monsanto case currently on petition for a writ of certiorari to the Supreme Court highlights some unique aspects about protecting agricultural biotechnology innovation. On April 2, the Supreme Court invited the Solicitor General to file a brief to explain the views of the United States on the Federal Circuit’s refusal to find patent exhaustion and whether an exception to that doctrine should be created for self-replicating technologies. Before making recommendations about patent Read More >

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