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Bio Tech Could Get Boost With Assist From SCOTUS



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(Sacramento, CA)
Monday, July 05, 2010
California bio tech companies could benefit greatly from a U.S. Supreme Court ruling on patent law. Some patent experts believe the ruling could allow companies to eventually own genetic materials.
 
Alex Hadjis is a patent attorney with Morrison and Forrester in Washington D.C. He says under current practice , most types of gene therapies cannot be exclusively owned by a person or company. Or as he puts it, "laws of nature and physical phenomena are not patentable."

Yet, in Re Bilski, the U.S. Supreme Court has now ruled that the current standard for evaluating patents is outdated. That could be a boon for California's bio tech industry, which has seen several potentially profitable gene therapies rejected for failing to meet current patent standard. Hadjis, along with other patent experts says lawyers, Congress, inventors and companies---even those inventing new genes--- have a new opportunity.  Adds Hadjis, "The Bilski decision, this opens the door to broader patentability."

Broader patentability could mean bigger profits. According to a 2009 PricewaterhouseCoopers evaluation, California's Bio Medicine industry generates about 80 billion dollars per year.
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