Hot on the heels of the Bilski decision in the US, the Australian Patent Office has now refined the Australian test for the patentability of business methods. The patent application in question relates to a “Method for Commercialising Inventions”.  The main independent claim read as follows: 1. An invention specific commercialization system to facilitate success […]

  Lilly sued Novopharm for infringement under Canadian Patent No. 2,041,113, a selection patent for the compound olanzapine (sold under the brand name Zyprexa), owned by Lilly. Olanzapine is used to treat schizophrenia. Novopharm argued that the ‘113 Patent is invalid.  A Federal Court judge (the trial judge) agreed with Novopharm and dismissed Lilly’s action.  […]

On the final day of the term, the U.S. Supreme Court released its long-anticipated decision in Bilski v. Kappos.  Experts discuss the implications of the decision, and give keen insight into the case. To listen, please right click on the audio file you wish to hear and then select “Save Link As…” or “Save Target […]

BioPatent Design2010 Building a Robust, Secure Biological Patent to Ensure First Time Approval, Protect Product Revenue and Prevent Incoming Attack The area of BioPatent Design is rapidly evolving, with new developments sparking the Gene debate, developments in Biosimilars, protection issues with regards to DNA sequencing patents, vaccines and stem cells as well as new guidelines […]

The European Court of Justice in Luxembourg ruled against Monsanto Co. stating that “Monsanto cannot prohibit the marketing in the EU of soy meal containing, in a residual state, a [patented] DNA sequence.” Therefore, the European patent for the trait that makes soybeans resistant to the company’s Roundup herbicide doesn’t extend to soy meal made […]

The U.S. Patent and Trademark Office put out a Request for Comments on Proposed Changes to Restriction Practice in Patent Applications. Summary: In situations in which two or more independent and distinct inventions are claimed in a single patent application, the United States Patent and Trademark Office (Office) is authorized by the patent laws and […]

CNBC Originals goes inside the most profitable criminal enterprise in the world. An economy built on robbing U.S. businesses, costing American jobs, and bankrolling terrorism: Fake handbags, watches, and perfumes are a way of the past. The largest underground industry in the world, Counterfeit Goods bring in hundreds of billions, while sapping the economy, putting […]