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Tag Archives: patent

Decision threatening biotech companies reversed (access required)

Intellectual property lawyers say the biotech field dodged a bullet with a recent ruling by the U.S. Court of Appeals for the Federal Circuit finding human genes are patentable. “A decision saying you can’t patent genes would destroy the industry,” Boston lawyer David S. Resnick said of the closely watched case, The Association for Molecular Pathology, et al. v. United States Patent and Trademark Office, et al. In its reversal of a lower court judge’s ruling, the Federal Circuit held that isolated human genes are eligible for patents and that methods of isolating and using the genes can also be patentable as long as those methods involve physical steps.

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Patent system gets first major retooling in half-century (access required)

WASHINGTON (AP) — Congress has given the U.S. patent system its first major overhaul since the age of the transistor radio by passing legislation designed to spur innovation and provide a sorely needed boost to the job market. Senate passage of the America Invents Act, which sends it to President Barack Obama for his signature, is the first significant change in patent law since 1952. It took years to accomplish, with the final vote coming a little more than an hour before Obama appeared before a joint session of Congress to pitch his plan for promoting jobs growth.

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Fishing-lure litigation catching on in SC  (access required)

Something’s fishy about a big chunk of the patent infringement cases floating around in South Carolina’s U.S. District Court. Only 11 patent disputes have been brought this year in the Palmetto State. But three of the suits, nearly 30 percent of the total filings, involve the design of fishing lures. A fourth lure patent case that was filed here last year was resolved earlier this summer. “It struck me as sort of a hoot to realize a few months ago that four of the state’s pending patent cases dealt with fishing lures,” said Timothy D. St. Clair (pictured), the attorney behind the bulk of the lure litigation.

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