Tag Archives: Intellectual Property

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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Measuring the Impact of Innovation

USPTO

By Joe Allen, President, Allen and Associates It’s always an indication of interest and importance in a topic when a panel draws a standing room only crowd. And that was the case with the Measuring the Impacts of Innovation: What is the Future of Tech Transfer? session at the 2012 BIO International Convention. The panel focused on the need to help policy makers, institutions and the public identify appropriate measures for how publicly funded R&D Read More >

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Gene Patent Discussion Should Include Industrial, Environmental, & Ag Biotech

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Twenty-three industrial and agricultural biotech companies, ranging from development-stage businesses to all of the largest players in the field, sent a letter to the Solicitor General expressing concern over the pending appeal in the Myriad “gene patents” case.  The companies wrote the letter to correct the myopic view that this case is only about human genetic diagnostics. The case could potentially adversely impact agricultural and industrial biotechnology, whose activities are far removed from the clinical Read More >

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India Compulsory License: A Times of India Article Says It’s Not Helping the Poor

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India recently issued a compulsory license on Bayer’s liver and kidney cancer drug (Sorafenib) with the stated goal of providing access to India’s poor. However, the Times of India recently ran the article Cheap generics drugs no panacea for India’s poorest, quickly dispelling this myth: “The compulsory license system might not really work because poor people cannot even afford the discounted price,” said G. Balachandhran, former head of the National Pharmaceutical Pricing Authority (NPPA), India’s drug Read More >

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