Tag Archives: patents

BIO Deputy General Counsel Testifies on Patent Reform

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On Wednesday, March 18, BIO’s Deputy Counsel for Intellectual Property, Hans Sauer, testified in front of the U.S. Senate Judiciary Committee regarding proposed reforms to the current U.S. patent system. The hearing was a chance for the Judiciary committee to listen to experts on what should be done to halt misuse of the patent system. In his remarks, Mr. Sauer noted that while BIO appreciates efforts by Congress to curb patent troll abuses, some of Read More >

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When The Deck is Stacked Against Innovators, Everyone Loses

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Yesterday, I took part in a series of successful meetings on Capitol Hill regarding the USPTO’s Inter Partes Review system (IPR). Joined by several of BIO’s member companies, we expressed our concerns with how the system is evolving into one which makes it easier for IPR challengers to win than in Federal Court. The implementation of the IPR system – developed through the 2011 America Invests Act – has unintentionally invited abuses of the USPTO Read More >

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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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