On the heels of his earlier work Medical Patent Law - The
Challenges of Medical Treatment, Ventose makes another significant
contribution to the literature. In his earlier work, he devoted a
chapter to medical patents under US law. In Patenting Medical and
Genetic Diagnostic Methods he expands that chapter into an entire
text. No easy feat, to be sure. Nonetheless, his 'treatment' of the
jurisprudential terrain is sophisticated and rigorous. Scholars,
practitioners and students seriously interested in the evolution of
medical patents under US law will find Ventose's latest work to be
invaluable.' - Emir Crowne, University of Windsor, Canada, Law
Society of Upper Canada and Harold G. Fox Intellectual Property
Moot'This work provides a timely exploration of patent battles over
biotechnology, medicine, diagnostic testing, and pharmacogenomics.
Such conflicts are critically important at the dawn of a new era of
personalised medicine.' - Matthew Rimmer, The Australian National
University College of Law and ACIPA, Australia 'The debate on the
patent eligibility of diagnostic and medical methods has raged
recently in the United States and there seemed to be far less
certainty about the outcome than in Europe. Gene patents for
diagnostic methods clearly stirred the debate, but this is not a
new debate. It goes back a century. This book gets to the bottom of
the debate and provides an in depth insight, both of the history
and of the recent developments. A fascinating tale.' - Paul
Torremans, University of Nottingham, UK This well-researched book
explores in detail the issue of patenting medical and genetic
diagnostic methods in the United States. It examines decisions of
the Patent Office Boards of Appeal and the early courts on the
question of whether medical treatments were eligible for patent
protection under section 101 of the Patents Act. It then traces the
legislative history of the Medical Procedures and Affordability Act
that provided immunity for physicians from patent infringement
suits. After considering the Supreme Court's jurisprudence on
patent eligibility, the book then comprehensively sets out how the
Federal Circuit and the Supreme Court have dealt with the issue,
paying close attention to the Supreme Court's recent decision in
Bilski and Prometheus. Being the first book to comprehensively
cover patenting medical methods, it will appeal to patent agents,
patent attorneys, solicitors and barristers working in patent and
medical law worldwide, medical practitioners and healthcare
professionals, in-house legal and regulatory departments of
pharmaceutical companies. Researchers and managers in the chemical,
medical, pharmaceutical and biotechnology industries, as well as
academics specializing in medical law or patent law, will also find
much to interest them in this book. Contents: Preface 1.
Introduction 2. Initial Determination 3. Legislative Intervention
4. Patent-Eligibility 5. Consideration by the Federal Circuit 6.
Consideration by the Supreme Court 7. Conclusions Bibliography
Index
General
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