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Tag Archives: gene patents
IP Position Critical to Biotech Investment
A great article from Genetic Engineering and Biotechnology News written by Lisa Haile reviewing the Myriad case and its implications for future medical advances. Interesting Quotes: “While it is unfortunate, I have seen quite a few technologies over the years that would be of potential great benefit to patients, but the intellectual property was simply not there to support protecting the product from fast followers in the market place,” explains Robert More, a general partner Read More >
BIO submits comments on Australian Senate Patent Amendment
The Australian Senate has proposed the Patent Amendment (Human Genes and Biological Materials) Bill 2010 that aims to ban ’gene patents’. From the BIO Submission to Australian Senate Legal Committee on Patent Amendment: This amendment would exclude from patent protection “any” biological material, whether a human gene or otherwise, that is substantially identical to a naturally-occuring biological material. Specifically, the amendment states that the following materials would be catergorically declared unpatentable: “biological materials including their components Read More >
Patently BIOtech
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Tags: animal healthcare products, antibiotics, Australia, Australian Senate, Australian Senate Legal Committee on Patent Amendment, biological materials, biotechnology, celss, diagnostics, DNA, DNA patents, drugs, environmental mitigation and remediation, Gene Patents, gene patents, Green Technology, human health, insulin, patent, Patent Amendment (Human Genes and Biological Materials) Bill 2010, proteins, renewable energy, RNA, therapeutics
Tags: animal healthcare products, antibiotics, Australia, Australian Senate, Australian Senate Legal Committee on Patent Amendment, biological materials, biotechnology, celss, diagnostics, DNA, DNA patents, drugs, environmental mitigation and remediation, Gene Patents, gene patents, Green Technology, human health, insulin, patent, Patent Amendment (Human Genes and Biological Materials) Bill 2010, proteins, renewable energy, RNA, therapeutics
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 >
Patently BIOtech
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Tags: BIO, Department of Justice, DNA, DNA patents, DOJ, gene, Gene Patents, gene patents, Global Health, International, International law, isolated and purified DNA, isolated DNA, Judge Sweet, Myriad, Patent Reform, patents, TRIPS, United States Patent and Trademark Office
Tags: BIO, Department of Justice, DNA, DNA patents, DOJ, gene, Gene Patents, gene patents, Global Health, International, International law, isolated and purified DNA, isolated DNA, Judge Sweet, Myriad, Patent Reform, patents, TRIPS, United States Patent and Trademark Office
