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Recorded Webinar

Are Genes Patentable in the United States? (A Review of Court Decisions from Chakrabarty to Myriad)

timelapse 60 mins with 10-15 mins of Q and A

Note:

This webinar occured in the past
Along with recorded webinar, copy of presentation slides will be shared
Recorded Webinar can be played unlimited times

Speaker/Presenter

Short Abstract

In Diamond v. Chakrabarty, 447 U.S. 303 (1980), the United States Supreme Court held that “a new bacterium with markedly different characteristics from any found in nature and one having the potential for significant utility,” was eligible for patenting under US patent laws. Technological advances have made patenting of biological products and methods both more possible and necessary. The line drawn by Chakrabarty between between products of nature and human-made inventions, the relevant distinction for purposes of determining novelty under US patent laws, has often been difficult to locate in the biological arena, even with a “magic microscope.”

On July 29, the US Court of Appeals for Federal Circuit issued its long anticipated decision in Association for Molecular Pathology v. USPTO (Myriad), a case about patents relating to breast cancer genes, known as BRCA I and II. The majority opinion held "isolated DNA" and cDNA to be patent eligible subject matter. A concurring and dissenting opinion offered different views that may lay groundwork for further review, either by the Federal Circuit en banc or by the Supreme Court.

On June 20, the Supreme Court granted review in Prometheus v. Mayo, a case concerned with certain diagnostic method claims of a kind similar to some claims at issue in Myriad. The Prometheus case, decided in light of the Supremes Court’s decision in Bilski v. Kappos, 130 S.Ct. 3218 (2010), also raises questions of patent eligibility under US law that may affect the outcome of Myriad and other future cases that involve patents covering biologic products and methods.

This webinar will review of these and other recent cases in some detail. It will attempt to distill principles that may help to guide future business decision making, patent prosecution and technology transfers. It will discuss the potential effects of Myriad in future patent litigation, especially under newly fashioned litigation procedures created in the Biologics Price Competition and Innovation Act of 2009. And, it will attempt to address the ultimate question raised in cases from Chakrabarty to Myriad: whether an individual can obtain patent rights to a gene, especially a human gene, or, still more simply, are gene genes patentable in the United States?


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Who should attend

This webinar will provide valuable assistance to :

  • Patent Attorney / Patent Agents / Patent Consultants / IPR Professionals
  • Pharmaceutical companies or financial or investment institutions, or service providers as CROs, CMOs concerned with Biologics/Biotechnology/ Biogenerics, Biopharmaceuticals/ Biotherapeutics
  • Head/VP/Director, Senior Managers of Commercial Affairs, Business Development, Marketing & Sales, Commercial Affairs, Legal Affairs Pricing and Reimbursement, Health Economics, Intellectual Property, Pharmacovigilance, Clinical Immunology
  • Head/VP/Director, Senior Managers of R&D Biotechnology Clinical/Nonclinical/Pharmaceutical
  • VP / Director of Product Development, or QA
  • VP / Director of Business Development
  • Director Regulatory Affairs or Clinical Operations
  • VP / Director of Pharmaceutical/Healthcare/Biotechnology
  • QA Manager
  • Clinical Quality Assurance
  • Research and Development
  • Clinical Serv

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