Patents
Federal judge in Myriad patent case says invalidation of gene patents does not violate TRIPS
Submitted by James Love on 29. March 2010 - 17:08In today's court ruling in Association for Molecular Pathology, et al. v. USPTO, et al., Judge Robert Sweet rejected claims by Myriad that invaliding the patents would be an unconstitutional taking, or violate the WTO TRIPS Agreement. In discussing the TRIPS, Judge Sweet mentioned Article 8.1 and 27.3 of the TRIPS.
PCT Patent Filings per million residents
Submitted by James Love on 10. February 2010 - 7:57The use of the patent system is quite different from country to country. The following table provides the number of WIPO PCT patent filings, by country of origin, from January 2005 to November 2009, per million residents.* The source of the data on PCT filings is the February 2010 version of the WIPO Statistics Database. (WIPO notes the 2009 data are provisional and incomplete). The PCT counts are based on the international filing date and the country of residence of the first named applicant.
WIPO PCT filings down in 2009
Submitted by James Love on 9. February 2010 - 19:56A February 8, 2010 WIPO press release states:
International patent filings under WIPO's Patent Cooperation Treaty (PCT) fell by 4.5% in 2009 with sharper than average declines experienced by some industrialized countries and growth in a number of East Asian countries.
Bayh-Dole Timeline
For more information, KEI general website on the Bayh Dole Act
TIMELINE
1980
On December 12, 1980, P.L. 96-517, the Bayh-Dole Act was enacted into law. It is codified in 35 U.S.C. § 200-212
The Stevenson-Wydler Acts is enacted into law
1981
The Bayh-Dole Act became effective on July 1, 1981
1982
KEI files brief in Bilski case, focusing on role of non-patent mechanisms to stimulate innovation
Submitted by James Love on 1. October 2009 - 15:54Malini Aisola has written some background on the Bilski case here. Today KEI filed a friend of the court brief with the U.S. Supreme Court in the case. A copy of our brief as filed is available here.
TABLE OF CONTENTS
TABLE OF AUTHORITIES
INTEREST OF AMICUS CURIAE
THE GOAL OF THE PATENT REGIME IS NOT TO REWARD INVENTORS, BUT TO ENCOURAGE PROGRESS
Research Exemption
- July 7, 2008, The Patent Research Exception: An Informal Consultation, UK Intellectual Property Office.
- Geertrui Van Overwalle & Esther van Zimmeren (Centre for Intellectual Property Rights, University of Leuven, Belgium),"Reshaping Belgian Patent Law: The Revision of the Research Exemption and the Introduction of a Compulsory License for Public Health", Chizaiken Forum vol.64, Winter 2006, pp.42-49
Humanitarian Uses of Patented Inventions
This note concerns two areas of policy concerning humanitarian uses of patents. (1), a recommended exception to patent rights for humanitarian uses, and (2), the licensing of patents for humanitarian uses. Both examples focus on access to essential medical technologies.
1. Exceptions to patent rights for humanitarian uses.
The following proposal was first developed within discussions of the MSF Expert Group on Intellectual Property, motivated in part by cases involving lack of access to HIV drugs in orphanages in Africa and Romania.
KEI Brownbag on Bilski case: Scope of Patentable Subject Matter
Submitted by Malini Aisola on 15. September 2009 - 15:53Date: September 10, 2009
On September 10, 2009 KEI hosted a brownbag lunch to discuss the scope of patentable subject matter, focusing specifically on the implications for life-science patents of the Supreme Court's forthcoming review of the Bilski Federal Circuit opinion. This is the first time since 1981 that the US Supreme Court will address the limits of patentable subject matter.
The key U.S. statue on this issue is Section 101 of the patent law:
35 USC 101. Inventions patentable
Sept 10: Scope of Patentable Subject Matter, Bilski ruling
Submitted by Staff on 2. September 2009 - 10:14KEI is hosting a brownbag lunch to discuss the scope of patentable subject matter with reference to the Supreme Court's forthcoming decision on Bilski's appeal.
