Category Archives: Patent Reform

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Patents, Genetic Testing and Federal Funding

In a July 12, 2013 letter to Dr. Francis S. Collins of the National Institutes of Health (“NIH”), Senator Patrick J. Leahy urged the NIH to exercise its march-in rights under the Bayh-Dole Act to directly license the genetic testing patents held by Myriad Genetics, Inc. (“Myriad”) that have been the subject of on-going litigation. … Continue reading this entry

Speak UP - USPTO Seeking Comments on Second Opinion Genetic Tests

Today’s Federal Register includes a notice to the public inviting comments on independent second opinion genetic tests where patents and exclusive licenses exist that cover primary genetic diagnostic tests. The comments are collected for the purpose of preparing a report on the subject as required by Section 27 of the America Invents Act (“AIA”).  In … Continue reading this entry

U.S. Patent Reform - USPTO Solicits Public Comment Regarding Genetic Testing Study

As most in the patent community know, last Friday, September 16, 2011, President Obama signed into law the long-awaited patent reform bill, known as the Leahy-Smith America Invents Act (“AIA”). There are many moving parts to this complicated piece of legislation—many consider it to implement the most sweeping changes to U.S. patent law since enactment … Continue reading this entry

U.S. Patent Reform - What Does It Mean To Personalized Medicine?

Yesterday, September 8, 2011, the Senate passed by a vote of 89-9 the House version of the patent reform bill H.R. 1249, also known as the Leahy-Smith America Invents Act, without amendment. Consequently, after many years of discussion, debate and hand-wringing, significant patent reform is imminent. In fact, at this point, the legislation only requires action … Continue reading this entry

USPTO - Seeking Comments On Patent Reform Bill

The U.S. Patent and Trademark Office (USPTO) announced that it is proactively seeking public comments on the Leahy-Smith America Invents Act (AIA), H.R. 1249, passed by the U.S. House of Representatives on June 23, 2011, and currently pending before the U.S. Senate.  The AIA requires the USPTO to undertake a series of rulemakings to implement the Act.  Because … Continue reading this entry

Gene Patenting Debate Slips Into Patent Reform Bill

On June 23, 2011, the United States House of Representatives passed the “Leahy-Smith America Invents Act” (H.R. 1249) to amend title 35 of the United States Code, to provide for patent reform.  Within the numerous provisions related to the examination, administration and enforcement of U.S. patents is a proposed amendment that may affect the value … Continue reading this entry