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Biotech companies consider trade secrets as alternative to patents

Michael Loney, New York

Biotech IP practitioners at the BIO International Convention warned companies will increasingly look to trade secrets as a result of the courts’ and USPTO’s interpretation of Section 101, while David Kappos, Phil Johnson and Judge Paul Michel gave a gloomy outlook for patent holders

Speakers at the BIO International Convention in Philadelphia this month expressed concern about the effect of US court decisions related to Section 101 of the Patent Act. The Supreme Court has narrowed what is eligible under 101 in recent years...

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