Biotech’s PR Problems Continue

Maybe “Fish gotta swim” but the FDA has extended the approval period for transgenic Salmon genetically engineered to reach market weight sooner. No evidence at all has been presented that filets from these fish would present a danger human consumers – and may well provide a benefit to an increasingly hungry world.

This report once again reminded me how far scientific advances in biotech have exceeded the industry’s attempts to explain their benefits to the consuming public. As biotech companies wisely sold the advantages of herbicide resistant corn, cotton and soybeans to farmers well prior to their “launch”. Farmers were tired of using herbicides that could kill their human handlers. By the time the Supreme Court decided that plants were patentable (in 2002), about 65% of U.S. corn was transgenic (and patented as well). However, the EU countries don’t grow much corn, and the lack of lobbying there contributed to the general ban on imports of genetically engineered crops and sandwich shops that advertise that their snacks have no GMO’s.

Continue reading

Posted in Govt Policy/PTO Policy, Transgenics | Tagged , , , | Leave a comment

USPTO Publishes Extensive Examination Guidelines for 35 U.S.C. 102 and 103

On February 14, 2013, the PTO published extensive Examination Guidelines for examination of applications filed after March 16, 2013, under 102 and 103 as amended by the AIA. Given the debates, if not confusion, that arose following the publication of the proposed rules with public comments regarding certain provisions of 102, these guidelines should provide some clarity as we prepare to go “out of the gate” after March 16th. Pay particular attention to the last section, which discusses “transition applications.” Happy Valentine’s Day!

Examination Guidelines

Posted in AIA Patent Reform, USPTO Practice and Policy | Tagged , , , , | 2 Comments

High Tech Law Institute: USPTO RCE

The High Tech Law Institute of Santa Clara Law is hosting an upcoming USPTO roundtable and focus session on February 20, 2013 at 9:00. RSVP’s will be taken by the USPTO on a first come first serve basis (see following invitation for the details).

Roundtable and Focus Sessions on RCE Practice

Posted in Miscellaneous | Tagged , , , | Leave a comment

Time For Myriad To Fight Another Day

Put another way, it is time for Jones Day to click their well-polished heels and go home. Today, the U.S. Government filed an amicus brief largely supporting the arguments by AMP/ACLU that isolated DNA is essentially the same molecule after isolation as it is in vivo – in other words that it is not a “new composition of matter.” The amicus brief (a copy is found at the end of this post) – that was not co-signed by the PTO – conceded that cDNA was changed sufficiently by the hand of man that it should remain patentable. This is the position that the Solicitor took when Myriad’s appeal was argued before the Federal Circuit, and is likely to carry substantial weight at the Court. The Court may well not draw any such distinction.

Continue reading

Posted in Patent Eligible Subject Matter | Tagged , , , , , , , , , , , , , , | 2 Comments