Biotechnology patent law is evolving rapidly. As the Patent
Office struggles to deal with the unique issues presented
by biotechnology patents, it has developed standards for patentability
that present difficult hurdles during prosecution. The members
of the Biotechnology Practice Group of Medlen & Carroll,
LLP bring the requisite degree of specialized experience needed
for obtaining biotechnology patents. Our approach has proven
to be effective for overcoming obstacles related to enablement
Enablement challenges by the Patent Office can prove extremely
difficult for the unprepared. Our approach anticipates these
obstacles from the time the patent application is first drafted.
For example, where protection for a broad group of compounds
is desired, a description of a sufficient number of representative
species needs to be included in the application.
Obviousness rejections form the real battleground in biotechnology.
The firm has had great success in overcoming obviousness rejections
by presentation of failure data and side-by-side comparisons
between the invention and prior art.
Significant changes in our patent laws have been enacted
to implement U.S. adherence to the Uruguay Round of GATT.
We are ready to advise you on patent strategies in light of
the (1) modifications to the patent term, (2) implementation
of provisional applications, and (3) new guidelines for evidence
of inventive activity.
Medlen & Carroll, LLP assists inventors in gaining protection
for plants. The Plant Patent Act, Plant Variety Protection
Act (PVPA), and utility patents provide three distinct types
of protection for plants.
Utility patents for plants may cover multiple varieties,
entire genera, species, and/or particular parts of plants.
Plant parts may include cells, plant cell or tissue cultures,
or portions of plant genomes which encode non-plant proteins.
Utility patents may be obtained for plants also eligible for
PVPA or plant patent protection.
We advise inventors of the best means of plant protection,
including consideration of the different requirements associated
with the three modes of protection. For example, plant patents
have a less burdensome disclosure requirement than utility
patents, but the coverage is limited to the plant in its entirety.
A representative sample of patents prepared and prosecuted
by members of the Biotechnology Practice Group is available
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