lecture-2/ presentation on biotechnology and ip

8/14/2019 Lecture-2/ Presentation on Biotechnology and IP

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Biotechnology and IP

ByKalyan C KankanalaChief Knowledge OfficerBrain League IP [email protected]

Copyright, Brain League IP Services, Non-commercial use is permitted


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US Patent Law andBiotechnology


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Overview

Article 1 Section 1 Clause 8 Quid Pro Quo Incentives Title 35

www.uspto.gov www.fedcir.gov
http://www.uspto.gov/http://www.uspto.gov/


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Patentability requirements

Patentable subject matter Utility Novelty

Nonobviousness Specification


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INVENTIONS

Subject Matter

Usefulness

Novelty

Non-obviousness

Specification

PATENTS

Kalyans PatentFilter Model


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How to frame an issue?


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Example

Example: A stabs B with a long knife after beingprovoked byB's statemements about his wife.

Issue Whether A's act of stabing B with a long knife

with the intention of killing him amounts tomurder under section 300 of IPC?

Wheter A's act of stabing B after beingprovoked by B's humiliating statementsamounts to murder under section 300 of IPC?


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Patentable Subject Matter

Section 101 - Process, machine, manufacture,composition of matter and Improvements

Funk Bros. v. Kalo Diamond v. Chakrabarty

Pioneer Hibebred v. J.E.M.Arguments and Issues


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Funk Bros

Rhizobium bacteria Innoculum of mutually inhibiting

bacteria Is it a product of nature?


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Chakrabarty's case

Psuedomonas bacteria Four different plasmids inserted. Is it a product of Nature?


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Utility

Current Substantial Credible

Brenner v. Manson Gene/protein sequences


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Novelty

Section 102 Know of used Patented or published Public use or On sale

Abandoned Foreign Priority Patented in another country


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Novelty

Derived Suppressed or Concealed Diligence Single prior art reference

Isolated or purified- activity

Hybritech v. Monoclonal


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Nonobviousness

Scope of prior art Differeneces- invention and prior art Level of oridnary skill Secondary Indiicia

At the time of conception Obvious to try


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Hybritech v. Monoclonal

immunometric assays using monoclonalantibodies


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Prior Art a. Kohler and Milstein's Nobel Prize-Winning Work for

Producing Monoclonal antibodies in vitro; b. The Work of Drs. Oi and Herzenberg, in which they used

monoclonal antibodies to "map" epitopes or determine thenumber and location of different antibody binding sites on aknown quantity of IgE antigen by attaching to it an antibodybound to a carrier and exposing that antigen to othermonoclonal antibodies;

c. The Frankel Article that disclosed Monoclonal AntibodiesHaving Affinities of 109 liters/mole; and

d. Articles "Predicting" Widespread Use of Monoclonalantibodies. [Id.]


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In re Deuel:

Isolated and purified DNA and cDNAmolecules encoding heparin-binding

growth factors ("HBGFs")


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Prior Art

Bohlen's patent application disclosed a groupof protein growth factors designated asheparin-binding brain mitogens ("HBBMs")useful in treating burns and promoting theformation, maintenance, and repair of tissue,particularly neural tissue. Bohlen determinedthe first 19 amino acids of the proteins' N-terminal sequences, which were found to beidentical for human and bovine HBBMs. Heprovided no teachings concerning DNA orcDNA coding for HBBMs in his application.


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Prior Art

Maniatis described a method of isolatingDNAs or cDNAs by screening a DNA or

cDNA library with a gene probe. Thereference outlined a general techniquefor cloning a gene but did not describe

how to isolate a particular DNA or cDNAmolecule.


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Recent Developments

KSR Vs. Teleflex In re Kubin


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Specification

Written Description Enablement Best Mode Claims

Object: Notice and Dissemination


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Example

A stent coated with taxol for "treating orpreventing recurrent stenosis.

Prior ArtStents Existing Taxol known for Tumor treatment by

angiogenesis Article - Re-stenosis dangers and need

for a treatment - suggests various options


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Thank you

Kalyan C. Kankanala

Chief Knowledge Officer,

Brain League IP Services

Email: [email protected]

Ph: 91-80-41489502/4

URL: www.brainleague.com Blog: http://indianipinfo.blogspot.com/

Copyright, Brain League IP Services,
mailto:[email protected]:[email protected]://www.brainleague.com/http://indianipinfo.blogspot.com/http://indianipinfo.blogspot.com/http://www.brainleague.com/mailto:[email protected]:[email protected]

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