Genetic Patent Law and Strategy

Genetic Patent Law and Strategy PDF

Author: Kalyan C. Kankanala

Publisher: Manupatra

Published: 2007

Total Pages: 232

ISBN-13: 8189542265

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The ambiguity and uncertainty inherent in the field ofgenetic science poses challenges in the application oftraditional patent principles to genetic inventions. Thisbook unravels the complex doctrines of Patent Law.

The Law and Strategy of Biotechnology Patents

The Law and Strategy of Biotechnology Patents PDF

Author: Kenneth D. Sibley

Publisher: Butterworth-Heinemann

Published: 2013-10-22

Total Pages: 289

ISBN-13: 1483161935

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The Law and Strategy of Biotechnology Patents is a compendium of articles that sets to address and unravel the complexities of the laws and issues that apply to biotechnology inventions. The purpose of the book is to explain patent law, with special emphasis on the central role of patent claims, statutory subject matter, novelty, non-obviousness, disclosure considerations, and operation of the judicial system in relation to patents. The text also unveils the extent to which biotechnology merges established law with new requirements. Lawyers, inventors, researchers, technology development and transfer agents, venture capitalists, investment bankers, entrepreneurs, and researchers will find this book an important source of information and knowledge.

Biopatent Law: Patent Strategies and Patent Management

Biopatent Law: Patent Strategies and Patent Management PDF

Author: Andreas Hübel

Publisher: Springer Science & Business Media

Published: 2012-01-05

Total Pages: 53

ISBN-13: 3642248454

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Patents protecting biotechnological invention are becoming ever more important. Because biotechnology has many differences with respect to other technologies, lessons learned in other fields of technology cannot simply be transferred to adopt a suitable strategy for dealing with biotechnology inventions. In this volume, general aspects of biopatent law will be discussed. This involves questions of patentability, including ethical issues and issues of technicality, as well as questions of patent exhaustion in cases were reproducible subject matter, like cells or seeds, is protected. Moreover, active and passive patent strategies are addressed. Further, insight will be given into patent lifetime management and additional protective measures, like supplementary protection certificates and data exclusivity. Here, strategies are discussed how market exclusivity can be extended as long as possible, which is particularly important for biopharmaceutical drugs, which create high R&D costs.

The Impact of Gene Patent Decision and the Changing IP Strategies of Myriad Genetics

The Impact of Gene Patent Decision and the Changing IP Strategies of Myriad Genetics PDF

Author: Ajay Dara

Publisher:

Published: 2023

Total Pages: 0

ISBN-13:

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Myriad Genetics is one of the leading biotechnology firms with a specialization in genetic testing, cancer research and precision medicine. Myriad has filed its first patent application in 1995 and now developed a patent portfolio of more than a thousand patent applications. It is almost 10 years since the US Supreme Court provided its decision on gene patenting and considering the same the present study examined how this decision has impacted biotechnology companies and specifically Myriad Genetics in declining patent filings and their other IP strategy to protect their intangible assists in a strategic manner. This article provided analysis on certain anticompetitive practices of Myriad that fueled and built the path towards Myriad's case on gene patent litigation. In addition, this article also provides commentary on Myriad's abuse of dominant position in light of Article 82, 86 of European Competition, Section 46 of Australia and Section 2 of Sherman Act and further provides discussion on the gene litigation under Article 10bis of Paris Convention for unfair competition, Article 31 and 40 of TRIPS for anticompetitive practices. Further, an empirical analysis of Myriad's patent portfolio specifically focused on Myriad's patent applications with subject matter related to genes and nucleic acids provided insights on how the leading genetic testing firm has transformed its IP strategy from patents to trade secrets.

Global Dimensions of Intellectual Property Rights in Science and Technology

Global Dimensions of Intellectual Property Rights in Science and Technology PDF

Author: National Research Council

Publisher: National Academies Press

Published: 1993-02-01

Total Pages: 457

ISBN-13: 0309048338

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As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.

Reaping the Benefits of Genomic and Proteomic Research

Reaping the Benefits of Genomic and Proteomic Research PDF

Author: National Research Council

Publisher: National Academies Press

Published: 2006-03-09

Total Pages: 188

ISBN-13: 0309164885

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The patenting and licensing of human genetic material and proteins represents an extension of intellectual property (IP) rights to naturally occurring biological material and scientific information, much of it well upstream of drugs and other disease therapies. This report concludes that IP restrictions rarely impose significant burdens on biomedical research, but there are reasons to be apprehensive about their future impact on scientific advances in this area. The report recommends 13 actions that policy-makers, courts, universities, and health and patent officials should take to prevent the increasingly complex web of IP protections from getting in the way of potential breakthroughs in genomic and proteomic research. It endorses the National Institutes of Health guidelines for technology licensing, data sharing, and research material exchanges and says that oversight of compliance should be strengthened. It recommends enactment of a statutory exception from infringement liability for research on a patented invention and raising the bar somewhat to qualify for a patent on upstream research discoveries in biotechnology. With respect to genetic diagnostic tests to detect patient mutations associated with certain diseases, the report urges patent holders to allow others to perform the tests for purposes of verifying the results.

Biotechnology and the Patent System

Biotechnology and the Patent System PDF

Author: Claude E. Barfield

Publisher: A E I Press

Published: 2007

Total Pages: 116

ISBN-13: 9780844742564

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American patent law has reached an unprecedented crossroads, prodded by a landmark Supreme Court decision this spring and the prospect of sweeping new federal legislation this fall. At this critical time, Biotechnology and the Patent System: Balancing Innovation and Property Rights provides a timely look at the complex issues involved in making patent law for cutting-edge high-tech industries such as the biotechnology and computer software sectors.

Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions

Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions PDF

Author: World Intellectual Property Organization

Publisher: WIPO

Published: 2020-07-08

Total Pages: 56

ISBN-13: 9280525875

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General information on the interface between intellectual property (IP) and traditional knowledge (TK), traditional cultural expressions (TCEs), and genetic resources (GRs). It briefly addresses the most important questions that arise when considering the role that IP principles and systems can play in protecting TK and TCEs from misappropriation, and in generating and equitably sharing benefits from their commercialization, and the role of IP in access to and benefit sharing in GRs.

Pharmaceutical and Biotech Patent Law

Pharmaceutical and Biotech Patent Law PDF

Author: Arnold & Porter Kaye Scholer Llp

Publisher:

Published: 2019-06-07

Total Pages: 1204

ISBN-13: 9781402431388

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Pharmaceutical and Biotech Patent Law provides you with the legal, scientific, and technical information you need to help clients obtain, defend, and challenge patents in these important business areas. This practical guide shows you how to craft problem-free patent applications, including how to partner with the government to bring patented inventions quickly to the marketplace - invalidate competitors' patents by proving that they fail to meet key requirements - protect against various forms of patent infringement - and successfully rebut charges of infringement. It includes detailed checklists that help you resolve thorny patent problems in the complex pharmaceutical and biotech fields, and is regularly updated to reflect Federal Circuit rulings and other significant court decisions.