The Controller General of Patents, Designs and Trademarks has just launched the final version of the ‘Guidelines for Examination of Biotechnology Applications for patents’ (available here). The patent office has intends that these guidelines will help deal with some of the issues faced by applicants as well as the patent […]
Biotechnology and IP
Indian Patent Office launches ‘Guidelines for examination of Biotechnology applications for Patents’
Biotechnology and IP Written by Dr. Kalyan Kankanala - Read my Works of Fiction at www.kalyankankanala.com
In the landmark Australian case, Cancer Voices Australia (ABN 93 322 703 427) & Anor v Myriad Genetics...
Not surprisingly, the draft biotechnology guidelines issued by the patent office speak very little. Discretionary statements,...
Patentability of Biotech Inventions – US, Europe and India – An Overview Written by Dr. Kalyan Kankanala – Read my Works of Fiction at www.kalyankankanala.comRead more ›
The UK Supreme Court has in a 2011 decision upheld the industrial applicability of a gene sequence for a cytokine. The Human Genome Sciences Inc v Eli Lilly relates to a patent over a protein, Neutrokine-α, and its gene sequence. After reviewing the claims, the court held that the gene […]Read more ›
Three days back, The US supreme court in MAYO v. PROMETHEUS, clarified the scope of laws of nature exclusion to subject matter. In its words, a patent must do more than simply state the laws of nature. The two patents at issue in the case relate to the use of […]Read more ›
Biotechnology has the potential to transform humanity provided humanity wishes to be transformed. It promises better drugs, medical treatment tailored to the individual patient’s biological make-up, new crops and new industrial processes. Biotechnology companies spend hundreds of millions of dollars and sometimes decades to develop a product.Patents provide the needed […]Read more ›
Determination of non-obviousness is very complicated because of ambiguities inherent in the steps for making the assessment. The TSM test for ascertaining the mode of combination of prior art for assessing non-obviousness makes the determination objective and certain to some extent. However, the US Supreme Court in the KSR case […]Read more ›
The sticky nature of Biotechnology research has always led to massive debates every time there was path breaking discovery. It happened with Nucleic acids, amino acids, genetic modifications, transgenic animals and now stem cell research. This has been mainly because of its close and unavoidable link to life. When we […]Read more ›