Tag Archives: Myriad

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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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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Australian Senate Committee Recommends Against Banning ‘Gene Patents’

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The Australian Senate Legal and Constitutional Affairs Legislation Committee recommended against the Patent Amendment (Human Genes and Biological Materials) which would have banned DNA patents in Australia.  The push by members of the Australian Senate seemed to mirror efforts in the United States surrounding the Myriad case. The Committee found that: “While previous inquiries and public discussions have focused on the patenting of human genes, the Bill goes further and proposes a specific exclusion for biological materials which Read More >

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Myriad Genetics’ actions justify a ban on gene patents?

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The following information was provided by Myriad’s General Counsel during his presentation on the subject during a recent BIO IP conference: In order to develop and then ensure the widest possible distribution of the Myriad BRCA diagnostic test, Myriad needed to make the initial discovery, educate the medical community on the values of personalized medicine (the BRCA test), convince insurance companies to cover the test, and educate the patient community.  All of these activities took Read More >

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‘Gene Patents’ Stifle Research?

'Gene Patents' Stifle Research?

The Federal Trade Commission has noted that “concern previously centered on the belief that biotechnology patent protection was too strong” and “would actually obstruct commercialization on new products, thereby hindering follow-on innovation.  This problem has yet to materialize.  The reasons for this are numerous and are often straightforward matters of basic economics. In addition to licensing being widely available, researchers make use of a variety [of] strategies to develop working solutions to the problem of Read More >

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