One of the main issues with patent trolls, and
broad patents in general, is that there are few efficient and economical ways to challenge a patent's validity.
Not exact matches
Enough that the brilliant minds behind Crispr - Cas9 — University of California at Berkeley's Jennifer Doudna, her academic partner Emmanuelle Charpentier of the Max Planck Institute for Infection Biology
in Germany, and rival
Broad Institute of MIT and Harvard scientist Feng Zhang — and the various biotechs affiliated with them are embroiled
in an ugly, global
patent spat over the rights to the tech.
When I first came across IPwe and Spangenberg's own initial,
broad brushstroke blog post about the «misfit trolls, geeks and wonks» getting into the blockchain, I assumed he was amassing
patents in the space to repeat his software strategy — and so did some
patent experts whom I consulted.
But whatever the merits of this specific case — and however the three judges rule — there is a
broader issue that speaks to the reason we have
patent laws
in the first place.
«Right now,
patent trolls are manipulating the overly
broad and poorly determined
patent definition to win settlements and damages from tens of thousands of real American innovators,» Rep. Issa said
in a statement.
The AIA made important improvements to the examination process and overall
patent quality, but stakeholders remain concerned about
patents with overly
broad claims — particularly
in the context of software.
Competitive advantages, including scale, existing
patents on blockbuster drugs (such as Enbrel),
broad geographical and product diversification, R&D, and a strong pipeline of drugs (16 compounds
in Phase III trials) give this firm the strengths it needs to fight risks like competition, litigation, and regulation.
This can help you avoid the unnecessary costs inherent
in filing a
patent application that is too
broad or even unsuccessful.
Venue reform was the one piece of comprehensive legislation that had
broad support
in Congress, so while the court's decision frees up capacity for
patent reform advocates to tackle other problems with the
patent system, the hard fights are still to come.
And the court has given states
broad immunity from being sued
in any court for money damages — for example, for infringing a
patent or discriminating against older or disabled state employees — even though the Constitution limits this immunity only to suits
in federal court by a citizen of a different state.
In contrast to his own Ph.D. training, Benzion continued, Babic's degree afforded a
broad background that suited him extremely well to the unique and rigorous demands of work as a
patent examiner.
For instance, your technical knowledge of a
broad range of topics
in your field, along with an ability to appreciate the potential applications of new ideas, may make you invaluable to investment firms, venture capitalists, and even
patent lawyers trying to get a handle on the investment potential of new companies or technologies.
As Andy says on his info page, this is a «one - stop information resource to inventors, attorneys, artists, writers and editors, engineers and students, and any others interested
in the
broad fields of
patents, trademarks and copyrights.»
Two new industries, biotechnology and multimedia, are getting very upset about entrepreneurs who file
broad patents on ideas that others
in the industry regard as old and well known.
Academics
in the field are angry that the EPO approved such a
broad patent.
After a prolonged legal battle, USPTO
in February ruled that it wasn't obvious that UC's discovery would work
in human and other eukaryotic cells, giving the
Broad a distinct
patent advantage.
UC, on behalf of several parties, has been
in a pitched battle with the
Broad Institute of Cambridge, Massachusetts, over CRISPR
patents, and the new decision marks a sharp departure from the position of the U.S.
Patent and Trademark Office (USPTO).
In a teleconference for the media held by UC, Doudna stressed that today's interference decision means USTPO will now move forward on her
patent application and that it «likely» will issue, potentially forcing companies that want to use CRISPR to pay licensing fees to both
Broad and UC.
Some agreements cover international use of CRISPR to make products, and if the UC CRISPR
patent stands up to challenges
in Europe, companies that banked on the
Broad may have to enter more licensing agreements.
The U.S.
Patent Trial and Appeal Board ruled today
in favor of the
Broad Institute
in Cambridge, Massachusetts,
in the initial legal step of a high stakes battle over who will control the valuable intellectual property linked to CRISPR, the powerful genome - editing tool.
Robert Cook - Deegan, a
patent expert at Arizona State University
in Tempe who is based
in Washington, D.C., who has closely followed the CRISPR dispute, says the
Broad likely will contest the EPO decision.
Broad beginning
in December 2012 filed a dozen
patents based on the eukaryotic use of CRISPR, and paid the U.S.
Patent and Trademark Office (USPTO) to do a fast - track review.
This technological trend, which falls under the
broader topic «Car2X,» is an area
in which German companies have always been streets ahead as far as
patenting is concerned.
In last week's filing, attorneys for the Broad Institute asked patent officials to remove two of its issued patents that focus on saCas9 from the original case, as well as two other patents (and a few affiliated claims in other patents) that describe techniques for enabling the CRISPR - Cas9 construct to target the nucleus of a eukaryotic cel
In last week's filing, attorneys for the
Broad Institute asked
patent officials to remove two of its issued
patents that focus on saCas9 from the original case, as well as two other
patents (and a few affiliated claims
in other patents) that describe techniques for enabling the CRISPR - Cas9 construct to target the nucleus of a eukaryotic cel
in other
patents) that describe techniques for enabling the CRISPR - Cas9 construct to target the nucleus of a eukaryotic cell.
But UC contends it was «obvious» to extend the prokaryote work to eukaryotes, which is the heart of the
Broad patents, and
Broad contends that there was no reasonable expectation of success by people who had ordinary skill
in the art.
Some have suggested
Broad seemed to win the day, but Robert Cook - Deegan, who specializes
in patent policy at Arizona State University
in Tempe and attended the hearing, said he had no idea how the judges would rule and warned against overinterpreting their questions and responses.
The BRCA
patents were due to expire
in 2015 anyway, and most other similarly
broad patents are also coming to the end of their lives.
EPO yesterday revoked a
patent granted to the
Broad for fundamental aspects of the technology, one of several of its
patents facing opposition
in Europe.
Doudna, Charpentier, and collaborators — who collectively are represented by UC — first filed a
patent application
in May 2012, whereas the
Broad group did not file a
patent claim until that December.
The
patent just revoked was filed
in December 2013, but to show that its claims predate competing publications and
patent filings from UC and other groups, the
Broad cites U.S.
patent applications dating back to December 2012.
Lander is director of the
Broad Institute and therefore someone with a very big dog
in the
patent fight.
Cell's decision to publish the article, despite the
Broad's clear financial interest
in the
patent dispute, invited withering criticism.
And the same issue could threaten more of the
Broad's intellectual property
in Europe, says Jacob Sherkow, a
patent specialist at New York Law School
in New York City.
Broad's first
patent application was rejected, he says, and
Broad's response to USPTO —
in particular, a declaration from Zhang — «was quite unfriendly and it questioned Jennifer's veracity and authenticity.»
To the surprise of many
in the field, USPTO began issuing CRISPR
patents to
Broad in April 2014 before deciding on the UC Regents» earlier
patent application.
The
patent interference,
in which University of California lawyers will probably claim that its scientists invented CRISPR gene - editing and also applied for a
patent before
Broad, will be hotly contested.
«If the
Broad can't get the priority date that they want
in their
patents, things are just going to be really bad for them,» he says.
She notes that the decision doesn't threaten the many follow - on
patents the
Broad has filed for gene - editing technologies, including alternatives to the Cas9 enzyme used
in the early CRISPR work.
But
in Europe, a dispute that has gotten much less attention could derail several key
Broad patents.
Patents are not meant to prevent research, but in practice who would risk a multimillion - dollar research investment in an area already fenced off by broad p
Patents are not meant to prevent research, but
in practice who would risk a multimillion - dollar research investment
in an area already fenced off by
broad patentspatents?
In addition to these broad categories, the Register lists 79 very specific classifications for the program, stating: «In order to be eligible for the Green Technology Pilot Program, the application must be classified in one of the U.S. patent classifications («USPCs») listed below at the time of examination.&raqu
In addition to these
broad categories, the Register lists 79 very specific classifications for the program, stating: «
In order to be eligible for the Green Technology Pilot Program, the application must be classified in one of the U.S. patent classifications («USPCs») listed below at the time of examination.&raqu
In order to be eligible for the Green Technology Pilot Program, the application must be classified
in one of the U.S. patent classifications («USPCs») listed below at the time of examination.&raqu
in one of the U.S.
patent classifications («USPCs») listed below at the time of examination.»
Judging from the firestorm of criticism, «The Heroes of CRISPR» falls short on a number of issues, beginning with this awkward money - tinged paradox: If the CRISPR story (and science
in general) is such a beautiful ensemble activity, why is there only one name on the
Broad Institute's
patent?
(
Broad, Editas, and the other parties
in the
patent dispute refused to discuss the details.)
But the U.S.
Patent and Trademark Office issued a patent in 2014 to Feng Zhang of the Broad Institute, which filed its application after Berkeley but requested expedited consider
Patent and Trademark Office issued a
patent in 2014 to Feng Zhang of the Broad Institute, which filed its application after Berkeley but requested expedited consider
patent in 2014 to Feng Zhang of the
Broad Institute, which filed its application after Berkeley but requested expedited consideration.
As a result, he argues, the
patent is too
broad to be permitted under «disclosure rules» that specify how closely something must be described
in a
patent.
Tan, and
patent professionals
in similar positions, aim to make their clients» intellectual property protection as
broad and robust as possible.
Yet the Classen case shows that
broad patent claims can survive
in court.
But very
broad patents have posed a problem
in the technology field, where some firms amass vast portfolios of
patents bought up from inventors and look for targets to sue.
The
patented discovery comes from Novocell's recognized research & development programs to commercialize pluripotent stem cells for
broad research and therapeutic uses,
in particular, for an innovative cell therapy for the treatment of diabetes.
Previously serving
in the General Counsel role for both public and private life sciences companies as well as the Compliance Officer and Corporate Secretary for a public company, Christina has
broad strategic «
in - house» experience, including extensive experience with intellectual property and partnership transactions, financings,
patent portfolio development, compliance and other legal matters.