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2022 The Patent Office Comes to California: Hot Button Issues in Bio Pharma Industry
The past decade has seen a continuation of the developments, generally not in favor of patentees, that have been occasioned by renewed interest in patent law by the Supreme Court and evolution of the Federal Circuit from its roots as a mostly pro-patent court. These changes have included the much-discussed increasingly stringent application of Section 101 (discussed by another panel), but also has involved increased scrutiny and restrictions on patent scope under Section 112, somewhat remarkably including more restrictive standards for enablement as well as written description, and particularly with regard to claims for antibodies. Patent law is also beset with challenges in certain technologies, including CRISPR regarding determination of priority between four different parties, and international calls (shockingly supported by the U.S.) for a patent waiver relating to IP for COVID vaccines and treatments. And while the post-grant review provisions of the AIA were initially differentially applied to business methods and computer technologies, more recently biotechnology, biologic drugs, and pharmaceutical patents have also become a focus for these proceedings. This panel will discuss these challenges and developments.
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We are committed to accessibility! All OnDemand programs after January 1, 2022 include closed captioning. To request closed captioning for a program older than January 1, 2022, send us a note at accessibility@calawyers.org or contact us at 916-516-1760 for assistance.
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