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6 publications

Patentability of in vitro diagnostic methods in Canada: A favorable evolution!

By Armelle LEONARD and Cécile PUECH, French & European Patent Attorneys
LEONARD_PUECH.png In vitro diagnostic methods are generally characterized by a physical step of detection or quantification of one or more analytes and a step of correlation with a pathology or predisposition. For a long time, the Canadian Intellectual Property Office (CIPO) focused its analysis on the second step, thereby reducing diagnostic methods to a simple mental process (e.g., abstract idea) and inevitably bringing such methods into the category of inventions “excluded from patentability.”
Published on: 6th Oct 2021

Diagnostic Method : Confirmation in the United States of the difficulty in obtaining protection

By Frédérique FAIVRE PETIT, Partner
vignette F.FAIVRE-PETIT (3).jpg On 30 October 2013, the District Court for the Northern District of California (DCNDC) invalidated a patent relating to a diagnostic method, thus confirming the difficulty in protecting this type of invention in the United States.
Published on: 13th Dec 2013

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


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

G1/07 : Answers, and answers between the lines

By Stéphanie Célaire - European and French Patent Attorney - Cabinet REGIMBEAU
v2417-Stéphanie CELAIRE.jpg Decision G001/07 was eagerly awaited in the field of medical imaging methods for diagnostic purposes.
Published on: 8th April 2010