Tag Archives: Mayo

USPTO Issues New Myriad Guidance

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On Tuesday, December 16 the United States Patent and Trademark Office issued a revised guidance on subject matter eligibility under § 101 in light of recent Supreme Court Decisions in Alice v. CLS Bank, Mayo, and Myriad. These new guidelines are a response to extensive feedback provided from industry leaders and inventors over the last several months. (BIO provided both initial and supplemental comments on the Office’s March Subject Matter Eligibility Guidance). Public comments on the Read More >

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Patently Biotech’s Top Articles of 2014

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It’s been a whirlwind year for IP. From international trade negotiations, to revised PTO guidelines and dropping patent case stats, intellectual property is on the brain and in the news. Here are Patently Biotech’s top blog posts of 2014: TPP and IP: The Economic Benefits of a Pacific Trade Agreement Should the USPTO allow the patenting of living organisms? Gene Patent Questions Remain: USPTO Issues Examiner Guidelines Stopped at the Threshold: A New Study Reports Read More >

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PTO Patent Examinations in the wake of Mayo and Myriad

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Biotech patent applicants are finding themselves in uncharted waters.   After the Supreme Court’s decisions in Mayo Collaborative Svs. v. Prometheus Labs and Ass’n for Molecular Pathology v. Myriad Genetics, companies have been trying to understand how these decisions will impact the industry. A recent study supported by BIO, in collaboration with Bloomberg BNA and the law firm of Robins, Kaplan, Miller & Ciresi analyzed how Mayo and Myriad have changed patent eligibility for biotechnology. Read More >

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Mayo v. Prometheus: BIO Statement on Supreme Court Decision

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By Hans Sauer, Deputy General Counsel for Intellectual Property, Biotechnology Industry Organization We are surprised and disappointed in the Court’s decision, which disregarded the considered judgment of the Executive Branch experts and numerous amici such as BIO, who warned about the unintended consequences of attempting to use patent eligibility as a basis to strike down these patents for biomarker-based diagnostic methods. While we are still analyzing the opinion, we are concerned that it introduces new and Read More >

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