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
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
The federal appeals court with jurisdiction over questions of patent law has consistently held that methods of diagnosing a disease or other biological condition violate the Supreme Court’s ban on patenting “natural...more
8/14/2019
/ Biotechnology ,
CAFC ,
Diagnostic Method ,
Mayo v. Prometheus ,
Patent-Eligible Subject Matter ,
Patents ,
Petition for Writ of Certiorari ,
Product of Nature Doctrine ,
SCOTUS ,
Section 101 ,
USPTO