Biotech Patent Law Seminar
The focus of this seminar is the analysis of six case studies, based on practical situations confronting leaders in today’s biotech industry. We will analyze how the presence or absence of enforceable patents may inform commercial decisions. The case studies will be described in handouts at the beginning of the Seminar. They will relate to the commercialization of 1) a vaccine for COVID-19, 2) a purified natural antibiotic, 3) a personalized medicine protocol, 4) a therapeutic antibody, 5) a transgenic seed, and 6) a research tool. These case studies will lead to an analysis of the relevant law in biotechnology patents, and to an application of the law to decision-making in each situation. The idea is to use the most recent case law to analyze the interplay between the strength and enforceability of patents and the probable commercial outcomes of having (or not) patent exclusivity. Each case study will span approximately two classes. Pre-requisites for the course are Patent I (Law 284) or Patent Law (Law 338).