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Biotechnology and IP Tag

BananaIP Counsels > Posts tagged "Biotechnology and IP"

Non-obviousness of Biotech Inventions in USA

First Publication Date: 26th December 2010. The Non-obviousness standards required for biotechnology inventions have been interpreted by courts to be different from the generally accepted principles. In Hybritech v. Monoclonal , a case involving a patent over "Immunometric Assays Using Monoclonal Antibodies", the court held the patent non-obvious despite the existence of twenty prior art references because the prior art as a whole did not make the invention obvious at the time the invention was made. Though some references seemed to anticipate the invention, the Court pointed out that they were made after the date of conception of the invention, thus...

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Patentability of Biotech Inventions in USA – Patentable Subject Matter

The image depicts a person in a laboratory.

First Publication Date: 27th December 2010 To be patentable subject matter in USA, an invention should be a process, machine, manufacture or composition of matter or any improvement thereof. There are three judicially created exclusions to patentable subject matter in USA. They are Laws of nature, physical phenomena, and abstract ideas. Biotechnology (Biotech) inventions are considered to be eligible subjects as Compositions of matter or manufactures. The exclusion most relevant for biotech inventions is 'Laws of nature' exclusion. US Courts have consistently held that as per the exclusion anything that naturally exists or is a 'product of nature' is not patentable. The...

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Biotechnology and Patent Challenge

This image depicts a DNA strand. The DNA forms the basis of all life forma and conquering it is the challenge for biotechnology. This post is about the patentability of biotech inventions. Click on the image to read the full post.

First Publication Date: 19th December 2010. Since inception patent law is being customized and fine tuned by governments to meet the needs of evolving technologies. Strong basic principles have evolved to cater to the needs of traditional fields of science and technology and they have been working well in promoting progress. However, the basic principles have utterly failed in a number of ways, when it comes to their application to Modern Biotechnology. The unique nature of Modern Biotechnology is the main reason for the failure.Why is Biotechnology Unique? Biotechnology promises more efficacious drugs, medical treatment tailored to the individual patient's biological make-up,...

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Small Business Innovative Research Initiative (SBIRI) Scheme from Department of Biotechnology

The image depicts the cover of the presentation with title of Trade Secrets and Biotechnology by Dr. Kalyan C Kankanala

First Publication Date: 24th December 2009. Department of Biotechnology has introduced a scheme to fund projects of small business innovative research Initiative. The scheme has become immensely popular as almost 56 Successful SBIRI applicants are listed for the scheme as on 26/11/2009. The aim of the scheme is to encourage small and medium scale industries to take up risk in innovative R&D in biotech sector. The intellectual property generated from the Project shall be the joint property of the Industry and DBT (in case of single industry) or whoever (Industries or DBT) contributed for generation of the intellectual property in case of...

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Biotechnology Industry Partnership Programme (BIPP), New Scheme from Department of Biotechnology for Advanced Technology Science

Biotechnology Industry Partnership Programme (BIPP) is a new partnership programme with industries for support on cost sharing basis for high risk discovery and innovation, accelerated technology development specially for futuristic areas like transformational technology and product development for public good, areas having major economic potential with focused on IP creation with ownerships by Indian industry, development of technologies in the area of agriculture, health, bio-energy, green manufacturing etc. The objective is to assist and promote emerging biotech entrepreneurs and facilitate innovative research and development in small, medium as well as large industries. The areas are broadly classified as following categories: I - Areas...

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