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Court bars patent protection for certain gene fragments

The Court of Appeals for the Federal Circuit (CAFC) issued a patent-law decision last month that inevitably will render hundreds of pending patent applications worthless, and that will raise the bar for proving gene and protein related inventions useful.

At issue was whether certain gene fragment sequences were useful. Most notably whether the gene fragment......

Full article >>> , and therefore insufficient quid pro quo.

The utility requirement has traditionally been the least contentious hurdle to overcome, but for gene fragment patent applications the standard has now been heightened. Regardless of how the decision is interpreted, there is now more predictability as to how the USPTO will determine genetic and protein related inventions. Patent practition......

Full article >>> et of five ESTs that encodes a fragment or entire maize protein. Neither the genes that encode the proteins nor the proteins themselves were claimed because the researchers had not uncovered them at the time of filing the patent application. Essentially, the ESTs were being claimed as a research tool that could be used to obtain the genetic and protein information.

What is specific and su......

Full article >>> is decision will be applied to all technologies and more likely that it will be limited to genetic and related technologies. However, it is safe to say that the Fisher decision will be considered carefully when dealing with genomic or proteomic related inventions. Equally as important in this case is the CAFC's underlying lack of desire to grant patent protection for genetic research tools.......

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Source:wistechnology.com By Jonathan Fritz 10/10/05


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