Placeholder Banner

#BIOWC16: Guarding against new threats to intellectual property protection

April 19, 2016
As part of the first full day of the BIO World Congress on Industrial Biotechnology, BIO put on an engaging breakout panel discussion -- sponsored by BIO member Intrexon -- entitled “What Is Required to Protect Research and Innovation in Industrial Biotechnology?”  If you missed the panel, you can check out the speakers’ slides at the bottom of this blog post!

The four panelists were all highly accomplished experts:

  • Donna Perdue, of Perdue IP Law, APC, based in San Diego, spoke about the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity.  The Nagoya Protocol is a supplementary agreement to the Convention on Biological Diversity, which entered into force on October 12, 2014.  The Protocol may present new challenges for bringing biobased products into the global market.

  • Konrad Sechley, of Gowling WLG, based in Vancouver, spoke from a patent prosecutor’s perspective about new challenges for obtaining patent protection for bioproducts, biofuels, and bioenergy, with attention to recent developments in Australia, Canada, Europe, and the United States relating to the patentability of genes, life forms, and natural products.

  • Geoffrey Mowatt, of Dimock Stratton LLP, based in Toronto, spoke from an IP litigator’s perspective about the timing of seeking patent protection in Canada.  Geoffrey explored the fundamental tension that biotechnology companies face between the race to the patent office to protect their innovations and the stringent requirements imposed by the patent office and courts on the amount of data required to obtain a valid patent and the level of detail that must be provided about the invention in the patent’s description.

  • Peter Jackman, of Sterne, Kessler, Goldstein, & Fox, based in Washington, DC, spoke about a new U.S. IP litigation challenge (and opportunity, for some):  inter partes review (IPR) proceedings at the U.S. Patent and Trademark Office (USPTO).  Peter gave an overview of the IPR process and current statistics as well as patent prosecution strategies -- to implement before, during, and after patent grants -- to help pre-empt third party threats.

BIO Deputy General Counsel Andy Varcoe was the moderator.

BIO IP Symposium

For those who are in San Diego Wednesday, BIO is featuring an IP Symposium Wednesday morning with more high-quality intellectual property content (sponsored by Robins Kaplan and Finnegan).

  • If you are a World Congress registrant, you can attend the IP Symposium for free.

  • If not, you can attend the Symposium alone for a reduced rate.  To register, simply walk in or click here.

  • For info on content and speakers, click here.  See also Austin’s recent blog post previewing the Symposium.

Speaker slides

For links to speaker slides, please click on the links below:

Editor's Note: Austin Donohue assisted Andy Varcoe in the preparation of this post.