Monthly Archives: March 2012

PTO To Biotech Examiners – We’ll Get Back To You!

On March 21, 2012, Andrew H Hirschfield, Associate Commissioner for Patent Examination Policy, sent a short memo to the Patent Examining Corps to inform them about the decision in Prometheus v. Mayo. The “preliminary guidance” that was provided included a … Continue reading

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Unnatural Acts – Patenting Diagnostic Tests Post-Prometheus

The US Supreme Court case of Mayo v. Prometheus has generated a lot of interest precisely because it clouds the future of patent claims to diagnostic methodologies in general and to ‘personalized medicine’ in specific. The decision is likely to … Continue reading

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Myriad Revisited – The Consequences of Prometheus Unbound

In my last post on Prometheus, I concluded: It is hard to think of a diagnostic assay claim that does not either detect the +/- presence of a marker (like anti-HIV antibodies) or involve the comparison of the level of … Continue reading

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Indian Patent Office Grants Compulsory License To Bayer Drug

Finding that Bayer had failed the requirement to “work” the invention in India, e.g., manufacture and sell at a reasonable price, the Indian Patent Office granted Natco Pharma, an Indian company, a “compulsory license” to make, use and sell  a … Continue reading

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