Michael Newton from our highly respected Life Sciences team has published an article in the journal European Intellectual Property Review (EIPR) titled “Differences in Culture: Expanded Cells Held Patent Eligible in the US”.
The article describes how the Patents Trial and Appeal Board (PTAB) has decided that cells expanded in culture may be patent eligible in the US. Cultured cells were held to be different from cells in their natural environment. The article compares the decisions to Myriad, challenges the assumption that isolated cells are patent-ineligible and highlights opportunities for European invention capture, patent drafting and prosecution.
You can download the PDF here. This material was first published by Thomson Reuters, trading as Sweet & Maxwell, 5 Canada Square, Canary Wharf, London, E14 5AQ, in EIPR as “Differences in Culture: Expanded Cells Held Patent Eligible in the US”; Newton (2019) 41(2), 123-126 and is reproduced by agreement with the publishers.