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6 publications

35 USC § 101: Further clarification of patent subject-matter eligibility.

By Sara HAINES, US Patent Agent.
S.Haines.jpg Two recently issued USPTO memorandums further clarify aspects of patent subject-matter eligibility under 35 USC § 101. The Vanda memo1 specifies methods of treatment that should be considered to be patent eligible under step 2A of the Alice/Mayo test2 thereby avoiding any further analysis under step 2B, while the Berkheimer memo3 states that examiners must provide substantiated evidence when additional claim elements are considered to represent well-understood, routine, conventional activity in support of 35 USC § 101 rejections under step 2B.
Published on: 30th Oct 2018

Isolated Nucleic Acids are no Longer Patentable in Australia

By Frédérique FAIVRE PETIT, Partner
vignette F.FAIVRE-PETIT (3).jpg On 7 October 2015, the High Court of Australia ruled in favour of the non-patentability of isolated nucleic acids.
Published on: 15th Oct 2015

MYRIAD: Over 30 years of practice is being revisited by the United States Supreme Court:Isolated DNA is now longer patentable! Hard times for United States protected biotechnology inventions

Frédérique FAIVRE PETIT, Partner
vignette F.FAIVRE-PETIT (3).jpg The Biotechnology industry has been decidedly mistreated by recent decisions in the US which are disrupting over 30 years of practice concerning the protection of inventions relating to or involving genes. This is creating a great uncertainty about the value of corresponding US patents.
Published on: 1st Jul 2013

Are patents and diagnostic methods compatible? Europe - United States - Canada - Brazil - India - China - Japan - Korea - Australia

By FAIVRE PETIT Frédérique, Partner
vignette F.FAIVRE-PETIT (3).jpg Whereas one might think ideally medicine should one day be able to diagnose everything, this has not been achieved yet, although... The pharmaceutical and diagnosis industries...
Published on: 2nd Jul 2012

MAYO V. PROMETHEUS

By Franck TETAZ, Partner
F.Tetaz 65x65.jpg How the Supreme Court of the United States of America has made a distinction between a patentable invention and a scientific discovery, thus creating new difficulties in protecting inventions in the area of diagnostic research in this country.
Published on: 16th May 2012

Laws on Bioethics in France

By Frédérique Faivre Petit, French and European Patent Attorney, Partner - Cabinet REGIMBEAU
vignette F.FAIVRE-PETIT (3).jpg Laws on Bioethics were first laid down in France in 1994. The principle then set out by the law-maker was that they should be reviewed after 5 years.
Published on: 4th Sept 2009