The Cross-Border Biotech Blog

Biotechnology, Health and Business in Canada, the United States and Worldwide

Tag Archives: DNA patents

Reactions to In re Kubin: DNA Patents and Obviousness

Earlier this month, the Federal Circuit decided In re Kubin (pdf), invalidating one of Amgen’s DNA patents.  Here’s the short version from ScienceInsider:

“The court declared that an invention owned by Amgen Inc. … was so obvious as to be unpatentable. The invention … was the sequence of a gene for the protein NAIL, important in the human immune response. But those who opposed the patent argued that it took no original insight to work out the gene’s code. The U.S. Court of Appeals for the Federal Circuit agreed with the skeptics.”

Here’s the more patent-y version from Patently-O:

“The Kubin opinion found that the Supreme Court’s KSR decision overturned In re Deuel and its admonition against an ‘obvious to try’ test for obviousness.”

Since the decision has had some time to percolate, I thought I’d collect some of the reactions from around the web (with the able assistance of articling student Dr. Alison Varga)…

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