Tag Archives: USPTO

PTO Patent Examinations in the wake of Mayo and Myriad

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Biotech patent applicants are finding themselves in uncharted waters.   After the Supreme Court’s decisions in Mayo Collaborative Svs. v. Prometheus Labs and Ass’n for Molecular Pathology v. Myriad Genetics, companies have been trying to understand how these decisions will impact the industry. A recent study supported by BIO, in collaboration with Bloomberg BNA and the law firm of Robins, Kaplan, Miller & Ciresi analyzed how Mayo and Myriad have changed patent eligibility for biotechnology. Read More >

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Gene Patent Questions Remain: USPTO Issues Examiner Guidelines

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The new Patent Office guidance, issued March 4, extends the Supreme Court’s legal logic into areas that were neither mentioned nor decided in the Myriad case itself. Myriad went to the Supreme Court exclusively on the question whether human genes are patentable. And human genetic diagnostic testing was the only context in which the Supreme Court thought about this question. The Supreme Court also acknowledged that it is not a scientific expert, and perhaps recognized Read More >

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“Should the USPTO allow the patenting of living organisms?”

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Most people associate patents with mechanical or electronic devices, new chemical substances, intricate machines or other inanimate things. The notion that patents are also available for living things may be puzzling at first. A patent is a form of property right that allows its owner a certain measure of control over how others may make, use or sell the patented invention. Surely the inventor of e.g. a new gyroscope sensor (like those used in Segway Read More >

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BIO Members Receive Patents for Humanity Award

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The United States Patent and Trademark Office announced the winners of the Patents for Humanity awards. “The Patents for Humanity is a competition recognizing patent owners and licensees who address global challenges in health and standards of living.” The USPTO website provides this background on the BIO member winners: “Gilead Sciences “Of the 35 million people worldwide suffering from HIV, 95% live in developing countries. Gilead produces antiretroviral therapies for the treatment of HIV. They Read More >

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SIPO Examiner Workshop: Biotech Patent Practices in the U.S., China and Japan

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The biotechnology industry is an invention-intensive industry that relies heavily on the protection of intellectual property, especially patent rights. Patent protection is territorial, and patent practice varies in different jurisdictions. Many foreign biotech companies continue to look at China as an important emerging market, and they increasingly file patent applications in China to develop their global patent portfolios. At the same time, China has made biotechnology one of the eight strategic new technology focuses in Read More >

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