Patent Eligibility and Engineered Natural Products

Description

Companies are making engineered natural products, often to address health problems. Whether creating synthetic milk or anti-cancer drugs, inventors and their counsel must carefully consider the best way to protect the rights to the product. If an engineered product is not distinguishable from that which naturally occurs, getting patent protection will be more difficult.

Addressing patent eligibility issues early in the process is critical. Patent counsel should carefully describe the product. The terminology in this space is evolving, and counsel should stay on top of what is working at the USPTO. Further, full disclosure, both of the product and process, in the patent application can be important.

When seeking patent protection, counsel should weigh the pros and cons of product claims protection and the likelihood of patentability. Counsel should consider other types of claims, such as method claims, product by process claims and trade secrets, that can protect the invention.

Listen as our authoritative panel examines the key considerations when determining whether an engineered natural product is patentable. The panel will discuss the Myriad decision as well as other recent decisions and what they mean for patentability of engineered natural products. The panel will also address options for getting engineered natural products patented.