Tag Archives: patents

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

Seeds

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 >

Patently BIOtech  |  1 Comment  |  Email This Post
Tags: , , , , , , ,

Prior User Rights and Trade Secrets

Research

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 >

Patently BIOtech  |  1 Comment  |  Email This Post
Tags: , , , , , , ,

Celebrating 30 Years of Biotechnology Innovation: From Diamond v. Chakrabarty to Today

Kappos-200

David Kappos, Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office (USPTO), provided opening remarks at an event entitled, Celebrating 30 years of Biotechnology Innovation: From Diamond v. Chakrabarty to Today during the 2011 BIO International Convention. The forum, co-sponsored by the US Patent and Trademark Office, The Biotechnology Industry Organization and the Biojudiciary Project, celebrated the 30th anniversary of the issuance of the patent from the Supreme Read More >

Public Policy  |  Leave a comment  |  Email This Post
Tags: , , , , , , ,

USTR: TPP to have High IP Standards to “Stand Alongside other Treaty Agreements in the Area”

Stan McCoy, Assisant U.S. Trade Representative for Intellectual Property and Innovation, spoke at BIO’s 2011 Convention session titled The Trans-Pacific Partnership and the Importance of Intellectual Property Rights: Attracting Investment in Biotechnology.  The session covered the ongoing treaty negotiations and the relevance of different IP provisions to the biotechnology industry.  Issues of particular importance to the biotechnology industry yet to be revelead to the public include language tabled for data protection and patent linkage.  While USTR specific language is not available, Read More >

Patently BIOtech  |  Leave a comment  |  Email This Post
Tags: , , , , ,

Patents in the U.S. Supreme Court

joseph a

A special session at the 2011 BIO International Convention takes a fascinating look at the underlying factors involved in the U.S. Supreme Court hearing patent cases. The Supreme Court has been accepting patent cases at a higher rate than ever before, with three major patent appeals reviewed this past term alone.  And the Court seems poised to accept several more in the coming year. According to the session moderator, Chief Judge (Ret.) Paul Michel from Read More >

Patently BIOtech  |  1 Comment  |  Email This Post
Tags: , , , , , ,