Serge Lapointe


Isolated Human Genes Still Patentable in the United States

On remand from the Supreme Court, the United States Court of Appeals for the Federal Circuit released its second opinion in Assoc. Molecular Pathology (AMP) et al. v. Myriad Genetics. The Court was asked to…more
 /  Health, Intellectual Property, Science, Computers, & Technology

U.S. Supreme Court Raises the Patent-Eligibility Bar for Diagnostic Methods

In a unanimous decision, the United States Supreme Court addressed the issue of patent eligibility of diagnostic method claims (Mayo v. Prometheus). This decision could have a significant impact on the fields of personalized…more
 /  Health, Intellectual Property

How Much Disclosure Is Required to Support Utility of a Patented Drug In Canada?

This document summarizes a judgment where the Federal Court of Canada held that Sanofi-Aventis' ("Sanofi") patent for clopidogrel bisulfate (Plavix®) is infringed by Apotex, but is invalid on the basis of lack of…more
 /  Health, Intellectual Property

Major Patent Law Changes In The United States

The so-called "patent reform" has been in the air for many years in the United States but, after nearly a decade of legislative efforts, it is now real. On September 16, 2011, President Barack Obama signed the "America Invents…more
 /  Intellectual Property

Isolated Human DNA Molecules are Patent Eligible, Cancer Screening Methods are Not

The United States Court of Appeals for the Federal Circuit held in a split decision that isolated BRCA 1/2 DNA molecules patented and used by Myriad Genetics Inc. for diagnosing increased breast and ovarian cancer risk are…more
 /  Health, Intellectual Property, Science, Computers, & Technology

Monoclonal Antibodies Now Patentable in Canada Without Working Example

In a recently published decision, the Canadian Patent Appeal Board endorsed the principle established in other jurisdictions that in cases where an antigen is a novel polypeptide and has been fully characterized, a pioneering…more
 /  Health, Intellectual Property, Science, Computers, & Technology

Canadian Intellectual Property Office Launches a PCT-Patent Prosecution Highway Program

On January 31, 2011, the Canadian Intellectual Property Office (CIPO) will launch a new PCT-Patent Prosecution Highway (PCT-PPH) pilot program. The objective of the PCT-PPH pilot project is to allow applicants to obtain…more
 /  Intellectual Property

Deadline for the End of Swiss-type Claims as the EPO

"Swiss form" claims in patents are claims to the use of a known compound for preparing a medicament for a new therapeutic indication (i.e. second medical uses). They have been permissible at the EPO for many years but, the…more
 /  Intellectual Property, Science, Computers, & Technology
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