Posts Tagged: biotech patents


BIO, PhRMA lobby for IPR fix to insulate their patents from challenge

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 …
1 month ago 7

Thoughts on Ex parte Khvorova

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 …
1 month ago 9

Trends in Subject Matter Eligibility for Biotechnology Inventions

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 …
2 months ago 1

Biofuel Innovations Look to Sustainably Fuel the Future

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 …
5 months ago 3

University of Wisconsin Celebrates 90 Years of Innovation Excellence

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 …
6 months ago 1

Can Diagnostics Companies Afford to Provide Ebola Testing?

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 …
8 months ago 1

Dow Chemical Patents: From Genetically Modified Organisms to Construction Barrier Films

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 …
10 months ago 0

Australia Court Says Isolated DNA Patent Eligible, Slams SCOTUS

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 …
12 months ago 30

When Patents Aren’t Enough: The Case for Data Exclusivity for Biologic Medicines

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 …
1 year ago 1

An Agency Responds: USPTO’s Challenge to Create Post-Myriad Examination Guidelines that Translate Supreme Court Decision into Day-to-Day Action

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 …
1 year ago 3

A Myriad of Tips on Biotech Patent Prosecution

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 …
2 years ago 1

Patent Eligibility in Unsettled Times

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 …
2 years ago 17