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Full-Text Articles in Law
Congress Considering Legislation Intended To Reverse The Recent Trend Toward Devaluation Of The Us Patent Right, Christopher M. Holman
Congress Considering Legislation Intended To Reverse The Recent Trend Toward Devaluation Of The Us Patent Right, Christopher M. Holman
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Decisions of the United States Supreme Court spanning the last quarter of a century that have, in the aggregate, substantially devalued the patent right. The Court’s four decisions reinvigorating and substantially raising the patent eligibility bar have probably resulted in the most critical commentary, but a host of other decisions have also served to erode the patent right in multiple dimensions, including the scope of potentially patent-able subject matter as well as the strength and enforce-ability of issued patents. In 2011 Congress joined in when it enacted the America Invents Act (AIA), which includes multiple provisions tending to devalue patents, …
Vanda V. West-Ward Pharmaceuticals: Good News For The Patent Eligibility Of Diagnostics And Personalized Medicine, With Some Important Caveats, Christopher M. Holman
Vanda V. West-Ward Pharmaceuticals: Good News For The Patent Eligibility Of Diagnostics And Personalized Medicine, With Some Important Caveats, Christopher M. Holman
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In Mayo v. Prometheus, decided in 2011, the U.S. Supreme Court invalidated patent claims directed towards diagnostic methods useful in the optimization of drug dosage for the needs of an individual patient, i.e., an example of personalized medicine, based on the Court’s determination that the claims were directed towards a patent ineligible law of nature. Notably, the claims in Mayo did not recite a step of applying the information generated by the test, e.g., a step of administering the drug to a patient at the optimized dosage. Some, including this author, have speculated that inclusion of such a step might …
Praxair V. Mallinckrodt: An Expanded Interpretation Of The Printed Matter Doctrine With Important Implications For Biotechnology, Christopher M. Holman
Praxair V. Mallinckrodt: An Expanded Interpretation Of The Printed Matter Doctrine With Important Implications For Biotechnology, Christopher M. Holman
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Although the “printed matter doctrine” has a long history in U.S. patent law, until recently it has played a relatively minor role in policing patent-ability, so much so that an article published in 1994 essentially wrote it off as nothing more than an “archaic common law has-been.” Although the doctrine is rooted in the concept of patent eligibility, it is never mentioned in recent patent eligibility decisions of the U.S. Supreme Court such as Mayo and Alice, and patent law treatises and casebooks tend to give the doctrine little if any coverage. At its core, the printed matter doctrine has …