Unsettled Expectations: How Recent Patent Decisions Affect Biotech

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

Thomas Jefferson School of Law Research Paper No. 1792985

2 Pages Posted: 27 Mar 2011 Last revised: 19 May 2016

See all articles by Brenda M. Simon

Brenda M. Simon

California Western School of Law; University of California, San Diego (UCSD)

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, Thomas Jefferson School of Law Research Paper No. 1792985, 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

University of California, San Diego (UCSD)

9500 Gilman Drive
Mail Code 0502
La Jolla, CA 92093-0112
United States

Christopher Thomas Scott

Baylor University - Center for Medical Ethics and Health Policy

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

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
44
Abstract Views
449
PlumX Metrics