Category Archives: Patently BIOtech

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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Prior User Rights and Trade Secrets

Research

By Joe Allen, President, Allen and Associates One theme of the day is the cloud of uncertainity overhanging the US patent system. This was underscored in the Prior User Rights and Trade Secrets session at the 2012 BIO International Convention as well. The new prior user rights defense which came into effect with enactment of the America Invents Act (AIA) was very differently viewed by the small biotech company perspective given by Mary Ann Dillahunty (Oncolytics Read More >

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