Track F

SIG 12 Patentable Subject Matter: Spring Cleaning Your Life Science Patent Portfolio

Track: IP Trends and Successful Practices

Target Audience: All Audiences

Carissa R. Childs, LeClairRyan


Historically, anything under the sun made by man has been considered eligible for patent protection. However, recent Supreme Court decisions have reigned in what is considered made by man, creating new challenges to obtaining patents for biological therapeutics, diagnostic methods and related technologies. This new body of case law calls into question the validity of certain claims in thousands of issued patents in these areas. Universities with large, diverse patent portfolios undoubtedly own patents containing claims of questionable validity under this new regime. How does this affect a university’s ability to license or maintain licenses to these patents? Is a review of the patent portfolio warranted? Should a university invest resources in remediating problematic patents or wait until a third party challenges their validity? This group will discuss what the state of the law for patentable subject matter means for your patent portfolio, what procedures are available for correcting patents and strategies for obtaining commercially valuable and valid claims in the biotech space.  

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