Increasing numbers of patent challengers are finding the USPTO’s post-grant procedures to be attractive alternatives to district court litigation, write Arlene Chow and Peter Noh.
For those who can draw an informative patent map and work out a good navigational route through the complexities, there is an opportunity to gain significant competitive advantages through making the right partnerships, argue Quentin Tannock and Anna Duch.
The EPO generally accepts applications relating to human embryonic stem cells with an effective date after 2008 but discussions about eligibility continue, says Joachim Wachenfeld.
Digital health, which brings together digital and genetic data to improve healthcare, will play a vital role in personalised medicine. But there will be significant challenges when it comes to protecting this innovative new area. LSIPR looks at its uses and the potential challenges.
The USPTO’s new guidance for examiners extends the decision in Myriad beyond isolated nucleic acids to all claims concerning ‘judicial exceptions’. Bethan Hopewell and Jennifer Antcliff report.
For those involved in the development of biological drugs, the prospects of getting what would seem to be a ‘fair reward’ may not have improved much, says Jaap Mannaerts.
The exclusion from patentability of certain cells derived from human embryos is a reflection of the EPO’s increasingly restrictive stance, say Franz-Josef Zimmer and Markus Grammel.
Recent decisions suggest that the Indian system seems to be changing direction towards developing sound patent law jurisprudence, says Archana Shanker.
The new examination guidelines do not carry the weight of law, and it is not likely that their more extreme aspects will withstand judicial scrutiny, but practitioners need to keep tabs on court decisions, says Courtenay C. Brinckerhoff.
With careful patent drafting and prosecution, it is possible to capture significant IP value in the clinically—and commercially—important area of biomarkers, says Stephanie Pilkington of Potter Clarkson.