Abstract
This paper provides a general introduction to key issues in recent US biotechnology cases, and in so doing highlights areas of major significance to the management of biotechnology research and transfer in general. Current trends discernible in US biotech case law are highlighted. Citing relevant judgments to illustrate these trends in Federal Circuit decisions, the author discusses issues ranging from ‘prior art’ considerations to enablement and utility as well as inequitable conduct, inventorship, infringement, and the impact of the perceived unpredictability of biotechnology inventions. He concludes that there is a general trend to apply a strict disclosure standard to biotechnology inventions, both for patenting and infringement purposes, with the courts stressing the need to frame patent claims more precisely. Patentability claims tend to be upheld over the prior art in cases where the scope of the claim is clearly defined and is a reasonable reflection of what has actually been accomplished by the inventor.
Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
