Tag Archives: patents

Should the USPTO Allow the Patenting of Living Organisms?

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Last year, a question was submitted to the GMO advocacy website GMOAnswers about whether or not the USPTO should allow the patenting of living organisms. Under 35 U.S.C. 101, “the laws of nature, physical phenomena, and abstract ideas have been held not patentable.” Therefore the USPTO cannot and does not award patents on living organisms that were merely discovered in nature. However, the U.S. Supreme Court Ruled in Diamond v. Chakrabarty that a “nonnaturally occurring Read More >

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The Washington Post: Are Patents the Problem?

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Tamar Haspel, food columnist for the Washington Post, looks at the issue of seed patents in her October column: If you’re at the right party — a party populated by agriculture wonks — the issue of patenting living organisms might get more of a rise than either religion or politics, demonstrating both that patenting is a hot issue and that agriculture wonks aren’t much of a hit at parties (trust me on this one). A Read More >

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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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Protecting your IP Overseas

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According to the World Intellectual Property Organization (WIPO), nearly 100,000 biotechnology and pharmaceutical patent applications are filed worldwide each year, and the trend appears to be rising. As you’ve likely experienced, filing patent applications can be very complex, with different laws, deadlines and languages requiring highly technical translators for most countries in which you’re seeking protection. As a result, companies seeking IP protection often outsource their domestic and foreign patent filings to service providers to Read More >

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Patent Parameters

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Supreme Court Finds Naturally Occurring DNA to Be Patent Ineligible Last summer, the Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., which concerned the patent eligibility of the BRCA1 and BRCA2 genes. In Myriad, a unanimous Supreme Court held that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated. The Court also determined, albeit with one caveat, that Read More >

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