Law Commons^™

Developments In Synthetic Biology Are Altering The Ip Imperatives Of Biotechnology, Christopher M. Holman

Vanderbilt Journal of Entertainment & Technology Law

While the accomplishments of the biotechnology industry have been substantial, recent technological advances promise to dramatically increase the power and utility of the discipline over the coming years. The term "synthetic biology" has been coined to describe the application of these powerful new tools to the engineering of synthetic genetic sequences and organisms. In essence, synthetic biology represents the next iteration in the ongoing evolution of biotechnology, and hopes run high that in time, the fruits of synthetic biology will dwarf the past successes of conventional biotechnology. There is, however, some concern that the current patent-centric approach to Intellectual Property …

Protecting The Frontiers Of Biotechnology Beyond The Genome: The Limits Of Patent Law In The Face Of The Proteomics Revolution, J. Jason Williams

Vanderbilt Law Review

Scientific knowledge and invention rapidly accelerated in the past few decades, resulting in an untold number of broken barriers and realized benefits. In 2001, scientists announced that the human genome, consisting of 30,000 to 40,000 genes, had been fully characterized. Arguably one of the most important scientific breakthroughs in history, this accomplishment came far sooner than anyone could have anticipated. Fueled by the enormous marketing potential in finding causes and cures for many diseases, the biotechnology industry invested heavily in the project with the hope of maximizing control of genetic intellectual property and its potential downstream value.

While the genomic …

Case Comment, John C. Herman

Vanderbilt Journal of Transnational Law

Section 337 of the recently amended Tariff Act of 1930 permits United States patent owners to bar from importation goods that infringe upon their patents. In Amgen, Inc. v. United States International Trade Commission, the Federal Circuit refused to grant relief to the patent owner because it had no claim on either the final product imported or the process to create the product. The alleged infringer, however, had to use the patented product to create the final product, which, if done in the United States, would infringe the patent.

This Comment argues for an extension of section 337 to cover …

The Impact Of The Deposit Requirement For Patenting Biotechnology: Present Concerns, Proposed Solutions, Brandi L. Wickline

Vanderbilt Journal of Transnational Law

Patenting the fruits of biotechnological research often involves problems unique to that scientific field, especially when the resulting inventions employ micro-organisms that cannot be described easily because of their novelty to the field. The importance of satisfactorily resolving these problems increases because most developed states now allow biotech inventors to patent the novel organism itself. In response to the concern that words are often inadequate to identify completely these microbes, states began allowing biotech patent applicants to deposit a sample culture of the novel micro-organism as a supplement to the written description. This Note addresses the shortcomings of the deposit …