Patenting antibodies has long been challenging. Although most inventions can be patented based on their functionality, assuming the functionality is new and non-obvious, for antibodies and other biomolecules there is a higher...more
6/29/2021
/ AbbVie ,
CAFC ,
En Banc Review ,
Janssen Pharmaceuticals ,
Non-Disclosure Agreement ,
Patent Act ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Pharmaceutical Patents ,
Trade Secrets ,
USPTO
In IBSA Institut Biochimique v. Teva Pharmaceuticals USA, Inc. a valuable lesson was learned about relying on a translation of a non-English patent application. The IBSA Institut Biochimique (IBSAIB) hired an Italian patent...more
9/28/2020
/ America Invents Act ,
Foreign Patent Applications ,
Indefiniteness ,
Inventors ,
Joint Inventors ,
Nautilus Inc. v. Biosig Instruments ,
Patent Act ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Section 112 ,
Trademark Manual of Examining Procedure (TMEP) ,
USPTO
As discussed in a previous blog post, since Mayo v. Prometheus, critics of medical treatment patents have advocated that such patents should be banned from patenting. While such arguments seemed futile based on the consistent...more
9/3/2019
/ CAFC ,
Diagnostic Method ,
Intellectual Property Protection ,
Inventions ,
Myriad-Mayo ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Personalized Medicine ,
Pharmaceutical Patents ,
Section 101 ,
Treatment Method Patents
Will the Supreme Court’s banning of methods of medical diagnosis from patenting in Mayo v. Prometheus be extended to patents for medical treatments? Since Mayo some have argued that some methods of medical treatment should...more
The recent releases of highly effective, and highly priced, drugs to treat chronic diseases has bred a spate of efforts by activists to disenfranchise drug developers of their patent rights. One recent chapter is instructive,...more
5/24/2018
/ Abbreviated New Drug Application (ANDA) ,
Cartwright Act ,
Generic Drugs ,
Hatch-Waxman ,
Inter Partes Review (IPR) Proceeding ,
Market Manipulation ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Price Manipulation ,
Sherman Act ,
Standing ,
Venue
Since the very beginning of America’s revolutionary patent system, inventors in the life sciences have been granted patents for discovering and purifying natural products. It was taken as a given that a purified natural...more