Your weekly dose from the world of patents (April 4th, 2017). The Patent Chronicle is led by Syam Anand, who has been at the core of CSG’s development and an entrepreneur himself. This section is your go to destination every week for a capsule dose on the hottest happenings in the patent world. Syam has clinically dissected out every news on the decision, the background and the impact. He is also in the process of building his scicomm team for this section. If you would like to come aboard, mail him at firstname.lastname@example.org.
EPO to give CRISPR rights to UCB
Decision: European Patent Office (EPO) indicated its intention to give a broad CRISPR patent to UCB.
Reason: EPO is convinced that UCB’s CRISPR application has been enabled for BOTH prokaryotes and eukaryotes.
Impact: UCB gains upper hand in Europe in the CRISPR battle. Broad can still file an opposition to the EPO decision. UCB could end up amending claims affecting the scope of the patent. This is more or less going to end up as in USPTO with UCB getting a broader patent and folks wanting to use CRISPR in Europe and US having to license from both, IF they use it in eukaryotes.
Read more here
— Desktop Genetics (@DesktopGenetics) March 29, 2017
Troll paradise Marshall, Texas could get hit
Reason: Opposing precedents as to where a patent owner can initiate proceedings for infringement- one set says place of incorporation, the other says place of operations (however minimal it is). Patent owners and trolls have been flooding to Marshall, Texas (a town with 25,000 population) and case numbers in the town are around 34% of those filed nationwide.
Impact: Supreme court decision will direct which precedent is the law of the land. Trolls could lose on their strategy litigate in “friendly” jurisdictions.
Read more here
Supreme Court debating limits on where patent suits can be filed. Is Marshall, Texas a problem? https://t.co/ew59tN65FG
— Robert Barnes (@scotusreporter) March 27, 2017
NIH funding cuts will impact patents and innovation
Decision: The Trump administration has proposed the following cuts to NIH budget- 1.6 billion USD for 2017 and 6 billion USD for 2018.
Reason: Divert funds to increased defense spending.
Impact: Study led by a Harvard Business School entrepreneurship professor shows that both basic and applied research contribute to commercial innovation. In one author’s own words “neither the progress of life sciences research nor its contribution to the economy is neat or easy to quantify”. “The sausage factory doesn’t look up-close very appetizing,”. “But in the sweep of history, this system delivers things.” 10 % of NIH grants resulted directly in a patent and 30% in articles were subsequently cited by patents. Innovation will take a hit as a result of the funding cut’s impact on both basic and applied research.
NIH funding is absolutely critical to research and innovation! https://t.co/fkSRVOor4Q
— Jyotsna Jagai (@jyotsna_jagai) March 31, 2017
— Harvard Med School (@harvardmed) March 31, 2017
BMS Dasatinib patent dismissed for no utility
Decision: Federal court finds ability to inhibit an enzyme cannot to be extended to a utility to cure cancer without sufficient proof. It is an overarching promise and lacks utility.
Reason: Apotex wanted to sell Apo-dasatinib in Canada and was opposed by BMS. Apotex alleged inutility, obviousness and double patenting.
Impact: Apotex can sell its drug in Canada. Sets a precedent for questioning a patent’s utility and enablement without direct proof.
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— Suneja – Pharma Law (@SunejaVince) June 15, 2016
Small Business Innovation Protection Act
Decision: U.S. Senators Gary Peters (D-MI) and Jim Risch (R-ID) have reintroduced the bill aimed to protect the IP of small businesses by improving education on patents prosecution and beyond.
Reason: Lack of awareness of international patent protection that affects small businesses ability to protect their inventions outside US, especially China and other major international markets.
Impact: More in person and online training and outreach programs from Small Business Administration and USPTO through Small Business Development Centers.
Read more here
📷 Legislation News: S.2846 – Small Business Innovation Protection Act of 2016 The bill was introduced… https://t.co/eNBfWsLL3z
— The Fourth Branch (@tfbFourthBranch) January 10, 2017
Biogen wins MS drug Tecfidera dispute
Decision: USPTO’s Patent Trial and Appeal Board ruled that Forward Pharma failed to prove Biogen had infringed on its patent.
Reason: Insufficient scientific description for proving infringement.
Impact: Biogen does not have to pay royalty to Forward Pharma with this ruling. However, an appeal of PTAB decision by Forward Pharma in a court could reverse the fortunes. Biogen had earlier licensed the use of dimethyl fumerate (active ingredient of the drug) from Forward Pharma making this a self-inflicted wound in a court battle.
Read more here
— Andy Biotech (@AndyBiotech) March 31, 2017
About the author:
Authored by Dr Syam Anand, PhD (Indian Institute of Science, IISc; Post-Doctoral research, University of Pittsburgh School of Medicine; Faculty, University of Pittsburgh School of Medicine, Founder and US Patent Agent, Mainline Intellectual Property LLC, Ardmore, Philadelphia USA). Syam has over 20 years experience in diverse areas of Science with domain knowledge in Life Sciences and Intellectual Property. Dr. Anand is also an inventor and budding entrepreneur. A rationalist, Dr. Anand enjoys science at all levels and advocates the use of scientific methods for answering all questions and solving all problems and make common people curious and interested in understanding their worlds.
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