š11 Kiryat Hamada Street, Jerusalem, Israel
|
|
|
|
|
|
It has been ten years since the US Supreme Court issued its decision in Mayo v. Prometheus. In that unanimous decision, the Court invalidated and made ineligible patent claims directed to medical diagnostic methods. It is tempting to use this anniversary as an opportunity to restate the myriad of legal flaws in a decision that has measurably damaged the biotechnology investment landscape. However, while such a rhetorical take-down might earn me some words of agreement or encouragement from like-minded readers, it would be like a fire that provides heat but no light.
Instead, and with ten yearās perspective of patenting (or trying to patent) medical diagnostic methods in a post-Mayo world, here is a view of where we are and where we might be going.
|
|
|
Whatās the distance between Boston and Washington, DC? According to good old Google, itās about 440 miles, with a journey time of 7 hr 44 min.
But what do they know? According to the INTA calendar, itās just shy of three years, the time that has elapsed between the 141st annual INTA meeting and, well, the 2022 annual meeting. Maybe itās a sign of the times that this yearās meeting is being identified not by serial number (would that make it the 142nd or 144th?) but by year. In view of whatās been happening in the world recently, itās probably safer.
So what has changed? No, I mean with regard to the INTA experience. As unlikely as it sounds (at least to me), if you measure seniority by INTA years, Iām probably closer to being one of the veteran old timers than a freshman. My first meeting was at the tail end of the 20th century, back in 1998 in the city of Boston. Thereās a rumor that that was 24 years ago.
So back in 1998, when Jiang Zemin was the President of China, Bill Clinton was at the American helm and Boris Yeltsin led Russiaā¦.
If I used to affectionately refer to this meeting as āan opportunity to spend some quality time with 11,000 of my closest friendsā, I donāt know if there will even be half of that number this year. I am looking forward both to seeing some old friends, and to making some new ones. And if you donāt make it this timeā¦. Thereās always next year.
Right?
|
|
|
Dr. Mike Hammer, a US patent attorney and partner at JMB Davis Ben-David holds a PhD. in Molecular Genetics and Cell Biology from the University of Chicago and has helped numerous inventors, startup founders and business owners protect their innovations and secure their IP rights.
Barak Hullman, our marketing director, sat down with Mike to discuss when startups should begin the IP process, when to or not to pursue a patent, the biggest mistakes businesses make regarding patenting, tips for startup founders and much more.
|
|
|
Sometimes we receive inquiries regarding the admissibility of requesting examination under the Patent Prosecution Highway (āPPHā) based on the claim sets of two corresponding applications in a single Israel patent application.
In Israel one can file a single application based on the claim sets of two corresponding foreign applications. Once the foreign applications have been allowed, the applicant can then request accelerated examination under the PPH based on both allowed applications provided that examination of the Israel application has not begun.
It should be noted however, that examination under the PPH only speeds up the examination process, it does not overcome issues of novelty (Section 4 of the Israel Patent Law), inventive step (Section 5 of the Israel Patent Law), or unity of invention (Section 8 of the Israel Patent Law).
As such, once examination begins, the Examiner may reject the application forā¦
|
|
|
The JMB Davis Ben-David trademark services team works with leading international brands seeking to merchandize their products in the US, Israel and the rest of the world.
|
|
For 25 years, the JMB Davis Ben-David team has successfully assisted clients in registering design patents that protect their original designs for products ranging from medical devices to diamonds.
|
|
|
The JMB Davis
Ben-David
YouTube Channel
|
You'll find our hour long webinars on Patents and using the Patent system to your advantage.
|
|
|
|
|
|
We're here to help you with your patents, designs and trademarks.
|
We started JMB Davis Ben-David with one goal in mind: to help our clients navigate the challenges of securing rights to their IP. This includes patents, designs and trademarks. Since 1995 we have been working with partners around the world so as to secure our clientsā IP rights. Weāre here for you.
|
Managing Partner
JMB Davis Ben-David
|
|
|
|
