Unsettled Expectations: How Recent Patent Decisions Affect Biotech

Nature Biotechnology, Vol. 29, No. 3, pp. 229-230, March 2011

2 Pages Posted: 27 Mar 2011 Last revised: 7 Jun 2021

See all articles by Brenda M. Simon

Brenda M. Simon

California Western School of Law

Christopher Thomas Scott

Baylor University - Center for Medical Ethics and Health Policy

Date Written: March 9, 2011

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

Suggested Citation

Simon, Brenda M. and Scott, Christopher Thomas, Unsettled Expectations: How Recent Patent Decisions Affect Biotech (March 9, 2011). Nature Biotechnology, Vol. 29, No. 3, pp. 229-230, March 2011, Available at SSRN: https://ssrn.com/abstract=1792985

Brenda M. Simon (Contact Author)

California Western School of Law ( email )

225 Cedar Street
San Diego, CA 92101
United States

Christopher Thomas Scott

Baylor University - Center for Medical Ethics and Health Policy

1 Baylor Plaza, Suite 310D
Houston, TX 77030
United States

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