biotechnology

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As a typical experimental science, the predictability in the field of biotechnology is quite low. In patent examination, there are often some disputes over the predictability of technical effects. For example, the examiner may hold that the technical effects of the invention are unpredictable and the claims cannot be supported by the specification. Or, on the contrary, when there are only theoretical teachings or only general technical demand without specific technical questions, the examiner may believe that the prior art provides a motivation and the technical effect can be reasonably expected. However, this relatively subjective opinion cannot be successfully rebutted without solid evidence. The following are just a few examples to illustrate the above situation.
Continue Reading Strategies and Suggestions for Patent Applications in the Hot Field of Biotechnology

The field of biotechnology is growing rapidly and the number of patent applications is skyrocketing. CAR-T, gene editing, and coronavirus vaccines have become hotspots due to their extremely high clinical value or due to epidemic outbreaks. Because of complex ethical issues, the rapid development and the unpredictability of biotechnology, there is particularity existing in the field of biotechnology, which means the policy and criteria of examinations are frequently changing. It would be very helpful for the applicant (or the patentee) to understand the dynamic changes in the examination criteria in the field timely and accurately, so that they can obtain and maintain their patent rights and protect their legitimate rights and interests successfully. This article analyzes the dynamic changes of examination in this field from three angles – sufficiency of disclosure, supportiveness of claims and inventive step, and further provides some strategies and suggestions based on these analyses.
Continue Reading Strategies and Suggestions for Patent Applications in the Hot Field of Biotechnology