Gene Patenting

A new federal recommendation could hinder innovations from biotechnology R&D by limiting gene patents and licenses.

A patent case winding its way through U.S. District Court has the potential to hinder biotechnology R&D if the judge hearing the case rules in favor of the plaintiffs, led by the American Civil Liberties Union.

On February 4th, BIO hosted a media briefing on how efforts to restrict gene patenting and licensing would threaten advances in public health and harm the national economy.

Genetic disorders known as Lysosomal Storage Diseases, including Gaucher disease, Fabry disease and Pompe disease, continue to be an area of high unmet medical need.

The theory claiming that the over-patenting of biotechnology research hinders the research and development of new treatments is not supported by empirical evidence.

On July 23rd, the House passed by voice vote an amendment on human patenting offered by Dave Weldon (R-Fla.) as part of the Commerce-Justice-State appropriations bill (H.R. 2799).

July 14 2014
Dear Chairman Terry and Ranking Member Schakowsky: On behalf of the Biotechnology Industry Organization (BIO), I write in support of H.R. ___, the Targeting Rogue and Opaque Letters (TROL) Act of 2014, and urge the Subcommittee to pass this legislation. It is critical that legislation that seeks to reign in abuses by patent trolls does so in a way that preserves and enhances the incentives necessary to sustain our nation’s global leadership in biotechnology innovation and to spur the creation of high-wage, high-value jobs throughout the country. Improving our patent system can help America retain its global competitive advantage in biotechnology and other innovative industries, and will spur more investment and job creation at a time when both are sorely needed. We commend Chairman Terry and Members of the Subcommittee on Commerce, Manufacturing, and Trade for creating a balanced approach that will address the issue of false or deceptive patent demand letters without impeding the ability of legitimate patent owners to enforce their patents by sending patent-related communications made in good faith.
February 1 2013
BIO commends the INPI for their efforts to devise guidelines for examining biotechnology related inventions. Given the technological advances and the innovation that spurs it are the primary drivers of economic growth in the modern era, it is critical that patent laws and practices properly motivate and reward innovation.
February 14 2012
BIO has identified the following countries of interest and recommends the following for our 2011 Special 301 submission.
June 13 2013
The SCOTUS decision represents a departure from judicial and PTO precedent supporting patentability of DNA molecules. The decision could create business uncertainty for a range of inventions.