Tag Archives: USPTO

Patently Biotech’s Top Articles of 2014

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It’s been a whirlwind year for IP. From international trade negotiations, to revised PTO guidelines and dropping patent case stats, intellectual property is on the brain and in the news. Here are Patently Biotech’s top blog posts of 2014: TPP and IP: The Economic Benefits of a Pacific Trade Agreement Should the USPTO allow the patenting of living organisms? Gene Patent Questions Remain: USPTO Issues Examiner Guidelines Stopped at the Threshold: A New Study Reports Read More >

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BIO Submits Joint Supplemental Comments on the USPTO March Guidance

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Last week BIO, alongside a number of member companies and private individuals, submitted supplemental comments to the U.S. Patent and Trademark Office concerning their March 2014 Guidance on patent subject matter eligibility. In July, BIO and international bio-industry associations had submitted comments to the USPTO expressing concern about the Guidance, and its impact on the patent eligibility of biotechnology inventions. Since July, USPTO staff has indicated a final revision to the Guidance would be released 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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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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