Recent decisions of the US Courts have had a significant impact on the prospects for obtaining useful protection for life sciences inventions in the US.
Indeed the ever changing status of US patent law represents constant challenge to companies in the life sciences industry. The recent call by the UK BioIndustry Association for the US Supreme Court to review the latest controversial decision therefore comes as a welcome intervention and suggests that the industry intends to fight this issue head on.
Whilst we will need to continue to adapt to the law as it changes, it seems that we shouldn’t give up hope just yet!
“The UK BioIndustry Association has filed an Amicus – or friend of the court – Brief supported by an international coalition of biotechnology trade organisations arguing that the decision of the US Federal Circuit in the case of Sequenom v. Ariosa Diagnostics should be reconsidered. It argues that the court’s application of intellectual property law is inconsistent with rulings on equivalent issues by courts and patent offices around the world and so hinders international efforts to harmonise approaches to this important area of law. The BIA says that such harmonisation is essential to support the development of new diagnostics in a global biotechnology market and patient access to cutting edge medicines.”