Author Archives: Warren Woessner

Unnatural Acts – Patenting Diagnostic Tests Post-Prometheus

Posted on March 23, 2012 by Warren Woessner

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 →

Posted in Patent Eligible Subject Matter | Tagged Patent Law, Prometheus v. Mayo, Supreme Court, Warren Woessner | 1 Comment

Myriad Revisited – The Consequences of Prometheus Unbound

Posted on March 22, 2012 by Warren Woessner

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 →

Posted in Patent Eligible Subject Matter | Tagged intellectual property, Justice Breyer, Myriad, Neilson v. Haford, Prometheus v. Mayo, USPTO, Warren Woessner | Leave a comment

Indian Patent Office Grants Compulsory License To Bayer Drug

Posted on March 21, 2012 by Warren Woessner

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 →

Posted in Working Requirements | Tagged bayer, biotechnology, biotechnology law, biotechnology news, india, indian patent office, intellectual property, ip, natco pharma, Patent Law, patents, sorifenib, working requirements | 1 Comment

Supreme Court Reverses In Prometheus v. Mayo!

Posted on March 20, 2012 by Warren Woessner

In a decision dated March 20, 2012, Justice Breyer writing for a unanimous court, held that claims to administering a drug, followed by measuring the levels of metabolites of the drug, in order to optimize the amount administered, are not patent … Continue reading →