By Ute Kilger, Patent Attorney, European Patent and Trade Mark Attorney, Boehmert & Boehmert Anwaltspartnerschaft mbB
The Life Science Industry needs a strong, predictable, reliable patent system that incentivizes innovations in order to bring new drugs and diagnostics to the patient, drives innovations and prevents patent abuse. The US Supreme Court has rendered a series of decisions about patent eligibility (§101 of the Patent Act) that make entire parts of Life Science Technology ineligible for patent protection and/or renders granted patents unenforceable. This makes the patent system unreliable and unpredictable and averse to investment into innovations. Change will need to come from Congress. Recently, a group of Senators and Representatives of the US Congress released the draft text of a bipartisan, bicameral proposal to reform Section 101 of the Patent Act. The initiative to reform Section 101 of the Patent Act needs political support from all life science stakeholders including from those in Biotech.
Patent Ineligibility Initiative
OpinionBy Ute Kilger, Patent Attorney, European Patent and Trade Mark Attorney, Boehmert & Boehmert Anwaltspartnerschaft mbB
The Life Science Industry needs a strong, predictable, reliable patent system that incentivizes innovations in order to bring new drugs and diagnostics to the patient, drives innovations and prevents patent abuse. The US Supreme Court has rendered a series of decisions about patent eligibility (§101 of the Patent Act) that make entire parts of Life Science Technology ineligible for patent protection and/or renders granted patents unenforceable. This makes the patent system unreliable and unpredictable and averse to investment into innovations. Change will need to come from Congress. Recently, a group of Senators and Representatives of the US Congress released the draft text of a bipartisan, bicameral proposal to reform Section 101 of the Patent Act. The initiative to reform Section 101 of the Patent Act needs political support from all life science stakeholders including from those in Biotech.
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