Unsettled Expectations: How Recent Patent Decisions Affect Biotech

Abstract

The past decade has been a challenging one for biotechnology. Recent patent cases have made obtaining and enforcing patents more difficult in this technological space. Considerable uncertainty exists in the areas of eligibility, obviousness and disclosure. How emerging tests in these areas are applied has the potential to profoundly affect the biotech industry. We discuss how changes in the law can affect decisions of whether and when to seek patent protection, the expectations of investors, and most importantly, the validity and enforceability of entire classes of patents.

Keywords: patent, biotechnology, validity, obviousness, eligibility, Bilski, myriad, stem cells