Donovan van Staden / Shutterstock.com
Sifting through the published comments on the USPTO’s Myriad/Mayo guidelines, LSIPR found them to be overwhelmingly negative.
Anyone who attended the 2014 BIO International Convention in San Diego in June was left in no doubt about which subject is dominating discussion among IP lawyers working in the life sciences: the patent eligibility of natural products in the US following the Myriad and Mayo cases.
The US Patent and Trademark Office (USPTO) was therefore probably unsurprised when its request for comment on the guidelines it issued following those court decisions prompted an avalanche of replies. It may have been more surprised by how negative many were.
For those unfamiliar with this particular controversy, it begins with Section 101 of Title 35 of the US Code, the title covering patent law. The section states that: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.”
Life Sciences Intellectual Property Review (LSIPR) tracks the increasing challenges for intellectual property specialists in the rapidly evolving world of life sciences. From gene patents to stem cell research, we provide the very best news and analysis.
To continue reading this article and to access 4,500+ articles, our digital magazines and special reports published for LSIPR subscribers only then you will need a subscription.
If you are already subscribed please login.
Official LSIPR subscribers include:
Allen & Overy
Arnold & Siedsma
Birch, Stewart, Kolasch & Birch LLP (BSKB)
Carpmaels & Ransford
Cooley
European Patent Office
Finnegan LLP
GH Research
Gowling WLG
George Washington Law School
HGF Limited
IQVIA
Kirkland & Ellis International LLP
Marks & Clerk
Mintz Levin
NiKang Therapeutics Inc.
Powell Gilbert LLP
Procopio, Cory, Hargreaves & Savitch LLP
Taylor Wessing
The United States Patent and Trademark Office (USPTO)
Valea AB
World Intellectual Property Office
For multi-user price options, or to check if your company has an existing subscription we can add you into for FREE, please contact Atif at achoudhury@newtonmedia.co.
If you have any technical issues please email tech support.
USPTO; Myriad; Mayo; BIO International Convention; patent eligibility
