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
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
In 2012, the U.S. Supreme Court decided the landmark case of Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. 66 (2012), which was hailed by some as banning patents on methods of medical diagnosis. It...more
As the readers of this blog are no doubt aware, patenting DNA defined only by a naturally occurring nucleotide sequence was banned by the U.S. Supreme Court in the landmark case of Association for Molecular Pathology v....more
In 2011 the Supreme Court announced that methods of diagnosing disease are ineligible for patenting under its landmark decision, Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. 66 (2011)....more
Due to the rapidly shifting requirement for subject matter eligibility, some patent examiners seem to believe that, when it comes to software inventions, they are entitled to assume the invention is not patent eligible...more
2/26/2016
/ Abstract Ideas ,
CLS Bank v Alice Corp ,
Due Process ,
Examiners ,
Mayo v. Prometheus ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Popular ,
SCOTUS ,
Software Patents