Posts Tagged: myriad


PTO Report on Confirmatory Genetic Testing: A Worthwhile Effort But Not Far Enough

The USPTO has released its 'Report on Confirmatory Genetic Diagnostic Testing,' which was prepared to fulfill the requirements of §27 of the Leahy-Smith America Invents Act. The …

Naked Emperors: A Supreme Court Patent Tale

The idea that the Supreme Court is at all capable of understanding — let alone deciding — issues of a technical nature is ridiculous. Yet their individual and collective …
By Gene Quinn 12 months ago 79

These Are the 20 Hardest and Easiest Art Units

Art Unit 3689 has the lowest allowance rate at 7.7%. Art Unit 3659 has the highest at 98.3%. Oddly enough, these two art units are from the same technology center. It’…
By Austin Underhill 1 year ago 5

SCOTUS: Public Enemy Number One for Patent Owners

The consequences of SCOTUS decisions are really severe. The U.S. is no longer a favorable jurisdiction for many biotech patents, medical devices and software. What that’…
By Gene Quinn 2 years ago 37

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 …
By Gene Quinn 2 years ago 30

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 …
By David Kappos 2 years ago 3

USPTO to Host Forum to Solicit Feedback on Guidance for Determining Subject Matter Eligibility of Claims Involving Laws of Nature, Natural Phenomena, and Natural Products

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) will host a public forum on May 9, 2014 at the USPTO headquarters in Alexandria, …
By U.S.P.T.O. 2 years ago 1

USPTO Patent Eligibility Guidelines: A Topsy Turvy Approach for Natural Products

The view of the USPTO now is that a claim to purified amazonic acid is not patent-eligible because there is no structural difference between the purified acid …
By Paul Cole 2 years ago 3

Patent Erosion 2013: What Would the Founding Fathers Think?

As the end of 2013 approaches and I look back on what has transpired I am saddened to see that through the year patent rights have continued to …
By Gene Quinn 2 years ago 26

Pharma & Biotech News for September 2013

Mark Lemley's Firm Files DJ Against Myriad in Northern California ----- Promise Not to Infringe Insufficient in ANDA Litigation ----- Licensing Deals Stall in Pharmaceutical Sector in …
By Gene Quinn 3 years ago 0

High Noon for Bayh-Dole

Senate Judiciary Committee Chairman Patrick Leahy (D-VT) asked NIH in a July 12 letter to force compulsory licensing of Myriad’s BRCA breast and ovarian cancer genetic test …
By Joseph Allen 3 years ago 3

Myriad: Positive Implications for Genetic Research, but Some Questions Remain Unanswered

Widely divergent views have formed in the wake of the Supreme Court’s decision in Association of Molecular Pathology v. Myriad Genetics, Inc., No. 12-398, slip. op. (…

AMP v. Myriad: Getting Beyond the Hype and Hyperbole*

By holding that Myriad’s claimed cDNA was patent-eligible, Thomas’ opinion reaffirms the major holding in Diamond v. Chakrabarty that claimed subject matter which truly only the “…
By Eric Guttag 3 years ago 11

DNA patenting: There’s still hope (maybe)

The baffling aspect of the opinion is that the Court seems to agree that both the DNA of claim 1 and the DNA of claim 2 are man-made and …
By Ryan Chirnomas 3 years ago 11

USPTO Instructs Examiners to Reject

USPTO to Examiners: "As of today, naturally occurring nucleic acids are not patent eligible merely because they have been isolated. Examiners should now reject product claims drawn …
By Gene Quinn 3 years ago 11