Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
Politicizing Patents - Patenting Biotechnology In The Wake Of Section 33, Prometheus, And Cls Bank, Jonathan R. K. Stroud
Politicizing Patents - Patenting Biotechnology In The Wake Of Section 33, Prometheus, And Cls Bank, Jonathan R. K. Stroud
Articles in Law Reviews & Journals
Tucked into the America Invents Act is the first statutory exemption for any patentable subject matter. Section 33 renders unpatentable all claims “encompassing a human being.” By recognizing a vague subject matter – exception for human beings despite the fact that internal policies had long militated against such patent claims, Congress has politicized the patent law to an unheard-of degree. While textually consistent with internal USPTO policy, the passage of § 33 should not be seen as an invitation to litigators to expand § 101 unpatentable-subject-matter challenges to validity by including arguments that medical methods, genetic tests, biological chimeras, or …
Reach-Through Claims In The Age Of Biotechnology , Stephen G. Kunin, Mark Nagumo, Brian Stanton, Linda S. Therkorn, Stephen Walsh
Reach-Through Claims In The Age Of Biotechnology , Stephen G. Kunin, Mark Nagumo, Brian Stanton, Linda S. Therkorn, Stephen Walsh
American University Law Review
No abstract provided.