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Sound the alarm?—The Supreme Court’s renewed interest in life sciences patents could create additional hurdles across the field

USA - November 16 2012 First, there was Mayo v. Prometheus, where the Supreme Court found the medical diagnostic methods at issue were not patentable subject matter.

Matthew A. Chivvis, Rachel Krevans

European Patent Office finds plants and plant products patent-eligible

European Union - April 1 2015 On March 25, the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) handed a victory to those seeking to protect plant inventions in…

Matthew A. Chivvis

Patent exhaustion and self-replicating technologies

USA - September 6 2012 In Bowman v. Monsanto, the Supreme Court requested the opinion of the Solicitor General on whether to grant review on two questions: “Whether the Federal Circuit erred by (1) refusing to find patent exhaustion in patented seeds even after an authorized sale and by (2) creating an exception to the doctrine of patent exhaustion for self-replicating technologies?”

Matthew A. Chivvis, Rachel Krevans

Beineke v. Kappos – are discovered plants patentable?

USA - January 28 2013 In November, Walter Beineke petitioned the Supreme Court for review of a Federal Circuit decision affirming the rejection of two plant patents on…

Matthew A. Chivvis, Rachel Krevans

Patent exhaustion and self-replicating technologies: what might the Supreme Court say?

USA - April 10 2012 In Bowman v. Monsanto, the Supreme Court recently requested the views of the Solicitor General on whether to grant certiorari.

Matthew A. Chivvis, Rachel Krevans