Tag Archives: Mayo v. Prometheus

Detailed Report Examines the Crucial Role of Patents in Genetic Testing

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In The Critical Role of Patents in the Development, Commercialization, and Utilization of Innovative Genetic Diagnostic Tests, Professor Holman argues that advocates for weakening patent protection have fundamental misconceptions on the role of patents in genetic testing. Opponents assume that patents negatively impact patient access to genetic diagnostic testing. They believe that patents inhibit research that could lead to new or improved versions of genetic tests, and that patent holders charge higher prices as exclusive 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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AMP v. Myriad: BIO Statement on Federal Circuit (Re)Decision

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BIO released the following statement on the Federal Circuit’s decision in the AMP v. Myriad case on remand from the Supreme Court to reconsider in light of Mayo v. Prometheus. “Today’s decision by the U.S. Court of Appeals for the Federal Circuit confirms long-standing law under which valuable DNA preparations, bacterial enzymes, plant-derived antibiotics and other industrially and medically useful substances can be considered for patenting. Such patents have long provided critical incentives for expensive Read More >

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USPTO Blogpost Brings Mayo Down to Earth

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The United States Patent and Trademark Office Director David Kappos posted a blogpost called “Some Thoughts on Patentability” which discusses a recent Federal Circuit decision in CLS Bank International v. Alice Corporation and the lessons we should learn from the Federal Circuit.  “Based on my experience, I appreciate the wisdom of the court’s discussion relating to resolving disputed claims by focusing initially on patentability requirements of § 102, 103, and 112, rather than § 101. Read More >

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Recent Developments in Patentability: Prometheus and Myriad

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By Joe Allen, President, Allen and Associates Recent Developments in Patentability: Prometheus and Myriad at the 2012 BIO International Convention was a very lively panel discussion on two cases that have set the life science industry on edge. The discussion presented an appropriate diversity of views as experts struggle with how broadly these cases should be interpreted. Briefly, the unanimous decision by the Supreme Court overtuning a decision upholding the Prometheus patents by the Court Read More >

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