Posts Tagged: "genetically modified organisms"

Strong Roots: Comparative Analysis of Patent Protection for Plants and Animals

Much has been written about the uncertainty in U.S. patent law concerning laws of nature, natural phenomena, and abstract ideas following the Supreme Court’s decisions in Mayo v. Prometheus and Alice Corp Pty Ltd v. CLS Bank Int’l. A recent decision from the Enlarged Board of Appeal at the European Patent Office (the Enlarged Board), however, demonstrates that the United States is not alone in grappling with issues surrounding patent eligibility. In the case of genetically modified plants and animals, questions arise on where to draw the line between human invention and biological processes. Earlier this year, the Enlarged Board reversed a 2015 decision that had held that product-by-process patents could be sought for genetically modified plants and animals despite a patent exclusion for “essentially biological processes.” 

The Future of Patents on Genetically Modified Organisms in India

Earlier this year, the Supreme Court of India set aside an order of the division bench of the Delhi High Court that revoked a patent granted on genetically modified cotton, holding that the single bench of the High Court should assess the patentability of the invention after hearing arguments from both sides. The Indian Patent Office granted Patent No. 214436 to Monsanto Technology LLP on genetically modified cotton. In 2016, Monsanto filed a suit before the single judge bench of the Delhi High Court [Civil Suit (Comm) No. 132 of 2016] alleging infringement by Nuziveedu Seeds Ltd., which responded with a counterclaim for invalidity of the patent, among other claims. The single judge ruled in favor of the petitioner and granted an injunction. On appeal, the division bench of the Delhi High Court vacated the injunction and invalidated the patent. That decision was set aside by the Supreme Court, which held that the matter at hand was the injunction and that patentability issues must be dealt with separately by the High Court. This suggests a changing mindset by the Indian courts regarding patentability of genetically modified living organisms. India may now be set to join the league of various other nations that respect biotechnological inventions.

Hysteria over creeping bentgrass leads to Oregon bill targeting GMO patent owners

In early February, a bill was introduced into the Oregon House of Representatives, which could make the state seem much less friendly to patent owners, specifically those holding patents covering genetically modified organism (GMO) technologies. The state measure is a response to the escape of genetically modified creeping bentgrass from field trials and the concerns that has raised for property owners in Oregon.

Are Genetically Modified Mosquitos the Answer to Ending Zika?

Health and government officials around the world are scrambling to find a way to prevent or cure the growing spread of the Zika virus. Could the introduction of genetically modified mosquitos help to reduce the spread of the virus, or does it sound like this will just cause more problems than it solves? What could possibly go wrong with the introduction of genetically modified mosquitoes into the environment?

Tech News Roundup: Bezos and Musk Square Off, LED ‘Li-Fi’ Internet and VTech Data Breach

Our latest Tech Round-Up here on IPWatchdog takes a brief glance at many of the stories which have caught our attention in recent days. As he often does, Elon Musk takes center-stage in a couple of news items regarding challenges he’ll be facing in the realms of space travel as well as electric vehicles. In Europe, the first successful installation of light-based wireless Internet could be the first step in a new age of Internet connectivity. Data breaches and genetically modified foods round out our discussion of recent events in the worlds of high-tech and science.

Western U.S. drought sparks innovation in irrigation management, desalination

A push for innovation to solve the water crisis has been kickstarted this summer in some part due to an executive order from California Governor Jerry Brown that initiated a drought technology program intended to accelerate the development of innovative water and energy saving technologies.