The Difficulties in Diagnostic Patents, post-Mayo

Since the Supreme Court issued its opinion in the Association for Molecular Pathology v. Myriad Genetics, Inc. and Mayo Collaborative Services v. Prometheus Laboratories, Inc., it has been increasingly difficult for medical diagnostics to become patented or survive a patentability challenge.  In 2012, the U.S. Supreme Court decisions, which applied to a breast cancer test […]

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Update on Brexit Implications on Trademarks

The withdrawal of the United Kingdom from the European Union, i.e. Brexit, is about 8 months from now, and the EU has begun issuing notifications of the implications on various sectors of the economy, including trademarks.[i]  The EU permits entities to obtain trademarks locally from specific countries, like Germany or France, or obtaining EU trademarks, […]

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Obviousness and NSDP Tests

The Federal Circuit Refines Patentability Requirements in pharmaceutical and Chemical Technologies A decision from the Federal Circuit Court of Appeals has refined what is required to show obviousness and anticipation in a pharmaceutical patent.  The patent involved lacosamide, an amino acid-like drug used in epilepsy treatment, shown below: Accord, a generic drug manufacturer, submitted an […]

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New Patent Eligibility Guidelines Require Evidence of Routine, Conventional, or Well-Known Knowledge

The U.S. Patent and Trademark Office recently issued new guidelines to determine patent eligibility.  For years after Alice,[i] Mayo,[ii] and Myriad,[iii] software and biotechnology patent applicants have had difficulty patenting many inventions, particularly in the trending “personalized medicine” field where patient genetics and proteomics are considered when selecting treatment regimens.

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Updates in Patent-Eligible Subject Matter

The Federal Circuit recently issued a much needed development in patentability case law, in Vanda Pharma. Inc. v. West-Ward Pharma. Int’l Ltd.[i]  Beginning in 2012, the U.S. Supreme Court upended years of patent law regarding patentable subject matter in biotechnology, relying on earlier case law stating natural laws and natural phenomena were not patent eligible […]

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