Posts Tagged: biotech patents


Greenwood and Castellani will have two major problems as they seek relief. First, the IPR provisions do not include a standing requirement, which means that anyone can bring an IPR for any reason. The second problem is potentially more …

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Ex parte Khvorova is the first PTAB decision on patent eligibility in the life sciences. Until now, the PTAB has been remarkably silent on eligibility in life sciences in the midst of significant judicial activity. The invention relates to …

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The USPTO continues to issue patents related to biotechnology and organic chemistry inventions despite the Supreme Court rulings and USPTO guidelines implementing the ruling related to the scope of patentable subject matter. Although the sky has not fallen, applicants …

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Although the consequences posed by climate change could be dire, there’s no reason to believe that human ingenuity and innovation cannot provide a path forward to answer these challenges... Methods of developing fuel from biological sources on the …

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For the past 90 years WARF has promoted scientific research and innovation at UW-Madison and has earned more than $800 million in patent royalty revenues over the years and has generated $1.25 billion in revenue for the institution. WARF’s success spans …

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In a least one instance, a major laboratory test provider has indicated (in confidence) that it would not be entering the Ebola testing market for three principle reasons: (1) the lack of availability of exclusivity for genetic testing; (2) the liability …

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A look into the recently published patent applications assigned to Dow from the U.S. Patent and Trademark Organization shows us that GMOs and herbicides have been a major area of focus for Dow and Dow AgroSciences, its chief …

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On the very same day that the U.S. jobs report shows unexpectedly weak growth, the Federal Court of Australia issued a ruling directly opposite to the ruling rendered by the United States Supreme Court relative to gene patents. …

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Although complementary, patents and data exclusivity protection incentivize innovation in different ways and serve distinct purposes. Patents provide protection for innovations that meet the standards of patentability and are novel, nonobvious, and useful. In the context of biopharmaceuticals, patents …

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Written by David J. Kappos, former Director of the USPTO: "The language of the Myriad decision did not on its face mandate drastic, innovation-dampening action. The Supreme Court chose to narrowly decide the Myriad case, stating that a DNA …

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On the method claims, the test, derived from Prometheus, is whether the claims add enough to a natural principle/law of nature/ natural phenomenon to make them go beyond claiming just the natural principle/law of natural/natural phenomenon …

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Today, after several years of substantial turmoil, patent eligibility in a variety of economically significant technologies is extremely uncertain, including software, natural products, medical diagnostics and personalized medicine. It is with great irony that one of the few things …

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