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<blockquote data-quote="MikeC" data-source="post: 526827" data-attributes="member: 1604"><p>I'd wait until this gene patenting thing is settled Jo............................</p><p></p><p></p><p></p><p>U.S. Gene Patents in Legal Limbo –– for Now </p><p></p><p>Thursday, April 03, 2008</p><p>by: Janis K. Fraser, Ph.D. </p><p></p><p>A long settled point of U.S. law regarding patentability of genes has recently become unsettled. Whether the USPTO will henceforth issue any new patents claiming genes as well as whether already-issued gene patents will survive a validity challenge has been called into question. The issue revolves around one of the conditions for patentability embodied in U.S. patent law: The requirement that the invention not have been obvious at the time the patent application was filed. </p><p></p><p> </p><p>A single U.S. statute governs patentability of all inventions in the U.S., regardless of the technology. The unique features of gene inventions have posed a number of unique statutory interpretation issues for the USPTO and federal courts. One of those issues was presumably settled in 1995 in a far-reaching case decided by the U.S. Court of Appeals for the Federal Circuit (CAFC): In re Deuel, 34 USPQ2d 1210.</p></blockquote><p></p>
[QUOTE="MikeC, post: 526827, member: 1604"] I'd wait until this gene patenting thing is settled Jo............................ U.S. Gene Patents in Legal Limbo –– for Now Thursday, April 03, 2008 by: Janis K. Fraser, Ph.D. A long settled point of U.S. law regarding patentability of genes has recently become unsettled. Whether the USPTO will henceforth issue any new patents claiming genes as well as whether already-issued gene patents will survive a validity challenge has been called into question. The issue revolves around one of the conditions for patentability embodied in U.S. patent law: The requirement that the invention not have been obvious at the time the patent application was filed. A single U.S. statute governs patentability of all inventions in the U.S., regardless of the technology. The unique features of gene inventions have posed a number of unique statutory interpretation issues for the USPTO and federal courts. One of those issues was presumably settled in 1995 in a far-reaching case decided by the U.S. Court of Appeals for the Federal Circuit (CAFC): In re Deuel, 34 USPQ2d 1210. [/QUOTE]
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