Tag Archives: Myriad

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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BIO Submits Comments on “Myriad” PTO Patent Guidance

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On July 31st, BIO, alongside a group of international bioindustry trade associations submitted comments to the United States Patent and Trademark Office regarding their March 4, 2014 Guidance on patent subject matter eligibility. Representing associations from Japan, Australia, Canada, the UK, Germany, Spain, Portugal Belgium, the Netherlands and others, the comments reflect a deep concern among the international community regarding how the PTO is interpreting the Supreme Court’s recent decisions in Mayo v. Prometheus and Read More >

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Patently Biotech’s Top Articles of 2013

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Intellectual property featured prominently in 2013’s public discourse. Gene patents, patent trolls, India’s anti-patent actions, and other developments around the world captured headlines. Here are Patently Biotech’s top blog posts written in 2013 by number of views. 1.   Myriad Supreme Court Decision: BIO’s Statement 2.  Kirtsaeng v. John Wiley & Sons: No Good Deed Goes Unpunished 3.  What a Patent is Not 4.  Gene Patents, Angelina Jolie, and Reality 5.  What OxyContin Tells Us About Read More >

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Patent Docs Highlights the BIO IPDx Symposium

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Patent Docs recently highlighted McDonnell Boehnen Hulbert & Berghoff’s (MBHB) panel at BIO’s IP and Diagnostics Symposium (IPDx).  Moderated by Donald Zuhn at MBHB, panelists from MBHB, Roche Diagnostics, and the USPTO discussed the impact of the Myriad decision on obtaining patent protection for genetic diagnostics.  The panel concluded the following: “While there was agreement that the Myriad holding is not limited to human DNA, there was spirited disagreement regarding its long-term impact on patents claiming naturally Read More >

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