Tag Archives: biotech

Innovation Others Patent

Innovation, Progress, Ambition and Censorship


I recently came across two very interesting articles, the ideas of which our policy makers would do well to keep in mind. The first, a broadly focused piece, titled “Between Innovation and Progress“ is a response by Prof Siva Vaidhyanathan (Univ of Virginia) to the interestingly poised question “Has “innovation” supplanted the idea of progress?“. The second piece, more specific to India, is the opening editorial in the “Science in India” special issue of the highly respected “Nature” science journal, titled…


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Patent

Guest Post: Are Genes Eligible for Patents in the United States?


Continuing with our coverage of the arguments in the Myriad case, we bring you another guest post from Chris Ohly, a patent litigator and partner at a leading United States law firm. Chris’ article concerns recent arguments in the United States Supreme Court concerning the eligibility of “genes” for patenting under the US Patent Act. As his article reveals, the question presented in the case is “Are human genes patentable?” Standard disclaimers apply, which are as follows: the views expressed in…


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Patent Office publishes final version of Guidelines for Examination of Biotechnology Applications for Patents


Image from here. The Patent Office has published the final version of the “Guidelines for Examination of Biotechnology Applications for Patents”, accessible over here, dated March 25, 2013. The draft version of these guidelines was published initially in December, 2012 and made available for public comment on the Patent Office website. The public comments received by the Patent Office, most of which were negative, were published on the patent office website and I’m told that the Patent Office did organize…


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Patent

Patent Office makes public the feedback to the Draft Guidelines for Examination of Biotechnology Patents


Image of E.Coli Bacilli from here In a welcome development, the Controller General has made public the feedback that his office received in response to his call for comments on the Draft Guidelines for Examination of Biotechnology Patents. The feedback can be accessed over here on the website of the IPO. Our earlier post on the topic can be accessed over here.  Most of the replies were from mainly law firms, specializing in patent prosecution. Responses from these law firms…


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Mark Lynas, former anti-GM food activist embraces GM foods at Oxford Conference


Image from here In a surprising turn of events, Mark Lynas, a former campaigner against genetically modified foods has completely reversed his views on the topic at a conference in Oxford and has now given genetically modified food his stamp of approval. Earlier in his career, Mark Lynas, reportedly played a key role in the anti-GM campaign in both Europe and India, where GM food remains banned due to poor public confidence in the safety of the food. Lynas appears…


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Uncategorized

The IPO’s draft guidelines for biotechnology patents – A cause for worry?


Image from here Close on the heels of finalizing the guidelines for examination of patent applications related to traditional knowledge (TK) and biological materials, the Controller General of Patents has recently published guidelines for the examination of ‘biotechnology patents’. The guidelines can be accessed over here and the public notice can be accessed over here.  Comments on the same are due by the 11thof January, 2013. I invite our readers to send in guest posts on the issue, to be…


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Drug Regulation

Guest Post: The New India Guidelines on Similar Biologics


The Government of India has recently announced certain guidelines regulating the approval of ‘similar biologics’ also known as bio-similars. The bio-similar market is going to be a huge market opportunity for the generic drug industry. Given the complexity of the products themselves, the regulatory regime for bio-similars is also rather complex. Since none of us on the blog had a detailed understanding of the guidelines, we invited our frequent guest blogger Mr. Christopher Ohly to write us a guest post…


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Biological Diversity

NBA set to prosecute Monsanto’s Indian subsidiary: What about Cornell, USAID & the DBT?


In a story which ran today on PTI, the Chairperson of the National Biodiversity Authority (NBA) has reportedly informed the press that his organization is all set to prosecute Monsanto’s Indian subsidiary (Mahyco) in a criminal court for violation of India’s Biological Diversity Act, when Mahyco allegedly accessed ‘germ-plasm’ related to certain varieties of brinjal. According to the PTI report the Chairperson states “The company has used local variety of brinjal to develop BT brinjal. We are in the advanced…


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India: The high cost of filing a patent on a gene sequences


Biotechnology is an extremely fast-moving field in which new products and services are developed from an increasingly complex and cumulative set of underlying technologies. Latest treatments to diseases come from biotechnology where sequencing genes, identifying individual gene functions and mutations, creating systems to selectively express, regulate or silence genes, predict protein structures and expressions, mapping the influence of genetic make-up on metabolism and / or otherwise analyzing vast amounts of genetic data. These many technologies contribute to the rapid pace of advancement in the life sciences…


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Patent

Dealing with frivolous Pre-grant oppositions with detectives


A recent case decided by the Controller in a pre-grant opposition highlights the practice of opposing applications from big pharma for the sake of opposition.  In this case, the Applicant (Abbot Labs.) had to resort to investigating the background of one opposing party, and submit voice recordings to the Controller to help him decide whether the opposition filed was frivolous.  The post highlights summarizes the opposition proceedings in the case and provides certain practice pointers at the end.  Hat tip…


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