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Some lawyers and other patent experts said the Prometheus decision might not apply that well to the Myriad case because Myriad's patents are compositions of matter while the Prometheus patents are methods of testing.
The domain or subject matter of patent law is the invention and discovery of new and useful processes, machines, articles of manufacture, or compositions of matter.
Its implication is that the legal focus on DNA as a compositions of matter is situated in the context of the convergence of the life sciences and informatics alongside the introduction of open source models.
Armed with intellectual property protection on both compositions of matter (claims on isolated DNA molecules) and diagnostic methods, Myriad developed its BRACAnalysis® test [ 28].
A utility patent protects inventions, including novel processes, machines, articles of manufacture, or compositions of matter.
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Pfizer's Lipitor, a cholesterol medicine, and Plavix, a blood thinner produced by Bristol-Myers Squibb and Sanofi-Aventis, will have their patents challenged later this year or early next.In general, composition-of-matter lawsuits are considered harder to win than other avenues of attack employed by generic drugmakers to hack away at the thicket of patents that guard blockbuster medicines.
Unfortunately, by the time a new drug is approved for its first indication, there is typically less than 10 years on the original 20 year composition-of-matter patent remaining, 7 which is not enough time to generate the data needed to approve the drug for a second indication and make a profit.
The "composition of matter" case turned on the fundamental molecular build of the drug.
Gregory A. Castanias, a lawyer representing Myriad, said the composition of matter patents would be on firmer ground.
VISIBLE, invisible or just plain quintessential, the composition of matter and energy needs to be explained.
"Most if not all analysts assume the expiry of the drug upon expiry of the composition of matter patent".
More suggestions(15)
configurations of matter
constituents of matter
compositions of data
compositions of materials
compositions of ingredients
compositions of important
makeup of matter
compositions of quotidian
compositions of color
compositions of cassava
compositions of tar
compositions of steel
compositions of complexity
compositions of consumer
compositions of seawater
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com