Special Patents and AI with Janet Xiao and Anna Yuan
Welcome to Mofo Life Sciences
MoFo Life Sciences shares timely legal and business insights and in-depth analyses on trends and the complex technologies at the heart of the global pharmaceutical, biotechnology, diagnostics, medical devices, digital health, and AgTech fields.
- In this third installment of a six-part Patent Law Course offered by Morrison & Foerster and GSAS Harvard Biotech Club , MoFo partner and head of the firm’s China Life Sciences Group Janet Xiao taught a class on the value, protection, and legal issues involved... ›
China Technology Export Update: Amendment of The Export Technology Catalog
On August 28, 2020, China’s Ministry of Commerce (MOFCOM) and Ministry of Science and Technology (MOST) jointly published a notice on the adjustment of China’s Catalog of Technologies the Export of Which is Prohibited or Restricted (the “Catalog”). This is the first time the... ›China Patent Linkage Update: Codification and Rulemaking
On July 3, 2020, China’s National People’s Congress published the second draft of the latest amendment to China’s Patent Law (the “Draft Amendment”) for public comments, which were allowed to be submitted by August 16, 2020. The Draft Amendment included proposed revisions to 19... ›GSAS Harvard Biotech Club and Morrison & Foerster’s Patent Course Off to a Roaring Start!
By: Michael Ward Ph.D., Matt Karlyn, Janet Xiao Ph.D., Matthew A. Chivvis, Jie Zhou Ph.D., Anna Yuan and Jillian A. Pesin-Fulop Ph.D.
More than 120 life sciences graduate students, post-docs and industry professionals attended the first class of a six part Patent Law Course offered by Morrison & Foerster and the GSAS Harvard Biotech Club on September 16, 2020. The Harvard Biotech Club is a student... ›First Decisions Limit PREP Act Immunity in Coronavirus Context
By: Erin M. Bosman and Julie Y. Park
When we discussed the Public Readiness and Emergency Preparedness (PREP) Act earlier this year, we predicted that its tort liability protections would reassure manufacturers and distributors of novel COVID-19 drugs and medical products. So far, so good: the first court decisions interpreting PREP Act... ›Pediatric Exclusivity for Biologics
The U.S. Food and Drug Administration’s six-month pediatric exclusivity rules that apply to drugs also largely apply to biologics (albeit with certain distinctions), which may become a valuable life cycle management strategy for biopharmaceutical companies (hereinafter “Sponsors”) in addition to patent exclusionary rights. At... ›Personalized Medicine Claims Get a Boost under New MPEP Revision
By: Meghan McLean Poon Ph.D.
The United States Patent and Trademark Office (USPTO) published the latest revision to its Manual of Patent Examining Procedure (MPEP) on June 30, 2020. According to the Executive Summary, in this revision, nearly all of the 27 chapters have been updated to incorporate new... ›Casting a New Light on Diagnostic Patents: “Methods of Preparation” Patent-Eligible
By: Karen G Potter Ph.D.
The ability of life sciences companies to rely on patent protection for diagnostic methods has been eroded over the last ten years, although recent court decisions evidence a rebuilding framework. While courts have consistently invalidated diagnostic methods as lacking patent eligibility, claims re-framed as... ›California Supreme Court Clarifies Standards for B2B Non-Competition Agreements and Disputes in California
By: Eric Akira Tate
This week, on August 3, 2020, the California Supreme Court issued its opinion in Ixchel Pharma, LLC v. Biogen, Inc. , which resolved two questions regarding the standards to be applied for non-competition agreements and disputes between businesses in California. The first was whether... ›Bill Proposes 10 Additional Years for COVID-19 Inventions
A proposed bill offers a potential boon to patent owners. If passed, the “Facilitating Innovation to Fight Coronavirus Act” will add ten years to the patent term of eligible inventions. However, the bill will temporarily curtail patent owner enforcement rights. Passage is not certain,... ›