ABSTRACT

This chapter summarizes some of the judicial decisions that apply patent principals to biotechnology inventions. Securing and exploiting intellectual property rights continue to be activities that contribute to the survival of many biotechnology companies and to the economic well-being of Universities. In addition, the content and present status of some legislative initiatives considered in the current and preceding Congresses are summarized. The broader support for changing the result in future cases like the Amgen/Chugai litigation seems to exist because that situation is considered an extremely important problem to biotechnology that occur in other industries with significant frequency. The likelihood of similar situations arising outside the biotechnology industry are small. The following are reasons why the legislation has been opposed: The rules governing the kind of patent protection available to biotechnology inventions continue to evolve as courts decide cases such as In re Bell.