Tag Archives: USPTO

Should the USPTO Allow the Patenting of Living Organisms?

US PTO

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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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

Supreme Court

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

US Trade

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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