Tag Archives: gene

PTO Genetic Testing Study: What’s Patents Got to Do with It

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The USPTO held a hearing on February 16 to collect testimony from interested parties to discuss factors affecting the availability of confirmatory, or second opinion, genetic testing.  However, the hearing quickly devolved into testimonies addressing so called ‘gene patents’ and genetic testing more broadly. Dr. Hans Sauer testified on behalf of BIO and first raised the question whether there is in fact patient demand for an ‘independent second opinion genetic test.’  While doctors would likely Read More >

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Is the Myriad Case Decision and/or the DOJ Brief TRIPS Compliant?

Judge Sweet seemed to dismiss Myriad’s constitutional taking and TRIPS claims by indicating: “Finally, Myriad’s suggestion that invalidating the patents-in-suit would constitute an unconstitutional taking in violation of the Fifth Amendment of the Constitution or a violation of the United States’ obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) is unpersuasive. Myriad’s novel taking argument runs counter to a long history of invalidation of patent claims by the courts and is unsupported by legal Read More >

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