Following several high-profile decisions by the US Supreme Court making it harder to patent biotech inventions, parties should follow several best practices to give their products the best chance of being patented. Kathryn Hull of Gordon Rees provides some tips.
Intellectual property rights should be used to help valorise agricultural biodiversity and traditional knowledge for the benefit of the global population as well as small farming communities around the world, says Graham Dutfield of the University of Leeds.
A grace period would give German inventors more flexibility to deal with different rules set by scientific publications and patenting procedures, and allow them to seek patent rights without the fear of prior disclosure, as Michael Kahnert of BIO Deutschland reports.
The smartphone wars may have slowed down but many smaller high-tech companies continue to assert their IP rights against competitors, as the fitness tracker battle shows. Fabio Marino and Luc Dahlin of McDermott Will & Emery report.
Fewer IPR petitions are instituted against biotech and pharma patents, and there is a higher survival rate of instituted claims in final written decisions compared to all technical fields combined. Melissa Gibson and Ruben Munoz of Akin Gump analyse the statistics.
In July the US Court of Appeals for the Federal Circuit sought to clarify the rules on the ‘patent dance’, but with confusion reigning there are likely to be more twists and turns to come, as LSIPR finds out.
Patent examiners not only have to tackle legal questions, but in cases of inventions directed to genetically modified animals they must consider moral issues too. This forms part of a wider controversial debate surrounding animals and patents. LSIPR reports.
Despite the US Court of Appeals for the Federal Circuit’s ruling in Amgen v Sandoz, significant uncertainty concerning two key provisions of the BPCIA remains, as Steve Coyle and Leslie-Anne Maxwell of Cantor Colburn describe.
Parties can apply for a compulsory licence in India on several grounds, including that the invention is not worked in the country. Neeti Wilson of Anand and Anand explores the issue further.
Despite the importance of traditional knowledge in many regions, an international treaty governing its control and exploitation does not exist yet—and talks have stalled. LSIPR reports.