Tag Archives: patent

Novartis at India Supreme Court: Evergreening Myths and Patent Reality

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Novartis will go before India’s Supreme Court on September 11, 2012 challenging the refusal by the Indian Patent Office to grant a patent on its cancer drug Glivec.  The Indian Patent Office rejected Novartis’ application under a provision in Indian law which is aimed at guarding against so called “patent evergreening.” BIO has written two posts deconstructing the myth of patent evergreening. 1.  Patent “Ever-Greening”: Novartis Confronts Patent Myth in India 2.  Patent Evergreening in Read More >

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Seed Patents: How Innovation May Get Lost in the Grain Elevator

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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

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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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Patent-Eligible Subject Matter after Mayo v. Prometheus: Exploring the Path Forward

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Patent-Eligible Subject Matter after Mayo v. Prometheus: Exploring the Path Forward is a public round-table event hosted by the Biotechnology Industry Organization and the George Washington University Law School. Guest speakers at the round-table will discuss implementation of the Prometheus decision in patent prosecution practice, in examination guidance in the United States Patent Office, and in patent litigation.  Speakers will also discuss the implications of the decision on personalized medicine and possible ways forward.  Speakers include: The Hon. Paul Read More >

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American Invents Act Strategies Highlighted at the IPCC Conference

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By David Saravitz, Alston + Bird Day 2 of the 2012 BIO Intellectual Property Counsels’ Committee (IPCC) Spring Conference kicked off with a panel on the America Invents Act (AIA).  The panel focused on how practitioners and the U.S. Patent & Trademark Office (USPTO) are dealing with various provisions of this new patent act. Mr. Ira Finkelstein, Senior Patent Counsel with Baxter Healthcare, led off the session initially discussing the first-inventor-to-file provision of the AIA (§ Read More >

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