Managing Intellectual Property

Patent leaders weigh in on gene patents at BIO

06 May 2010

Eileen McDermott, Chicago

The Myriad gene patent case was the highlight of the IP law sessions held at the 2010 BIO International Convention in Chicago this week

In a so-called super session featuring Eli Lilly senior vice president and general counsel Bob Armitage, USPTO director David Kappos and WIPO director-general Francis Gurry, Kappos said that the Office has spent considerable time thinking about the Myriad case.

He said that, unlike the district court, the USPTO continues to believe that a purified version of a naturally occurring organic compound should be eligible for patent protection.

“The USPTO has issued tens of thousands of patents covering isolated and purified DNA,” said Kappos. He added that the Office would continue to work with the biotechnology community on the issue “regardless of the outcome of the Federal Circuit appeal”. ...



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