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August 17, 2013

Mtg: The Supreme Court Weighs in On Gene Patents – and Implications for Software and Business Methods

by @ 3:22 pm. Filed under ALL, BioEngineering, Computers/Software, Electronics Design

TUESDAY September 18, 2013
SCV Engineering in Medicine and Biology Chapter
Speaker: Jim Fox, Patent Attorney
Time: Optional dinner at 6:15 PM at Hospital Cafeteria; Presentation at 7:30 PM
Cost: none
Place: Room M-114, Stanford University Medical School, Stanford
RSVP: not required

The recent Supreme Court decisions defining what sorts of things or actions are patentable — and what are not patentable — will be discussed.  These decisions were based on biotech and pharmacological inventions, and discussed not only what materials may be patentable, but also discussed requirements for patentable methods.  These decisions may affect software and business method patents as well.
The Supreme Court’s recent decision in the Myriad Genetics case makes clear that natural products — here, gene sequences — are not patentable.  However, man-made products — such as cDNA copies of gene sequences — may be patentable.  Similarly, novel, useful methods using natural products may be patentable if the method includes steps that are more than merely routine and well-known.
In addition, the Supreme Court has also recently decided a case invalidating claims that required only a “mental step” — recognizing whether more or less drug should be administered to a patient based on comparing measured drug levels to upper and lower values; importantly, the claim did not require administering any drugs based on that recognition.
Possible implications of these decisions on patents and intellectual property strategies will be discussed.

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