Biotechnology Patent Protection: Hearing Before the Subcommittee on Courts, Intellectual Property, and the Administration of Justice of the Committee on the Judiciary, House of Representatives, One Hundred First Congress, Second Session, on H.R. 3957 and H.R. 5664 ... September 25, 1990, Volume 4 |
Other editions - View all
Common terms and phrases
Administration of Justice Amgen Amgen's complaint amino acid Association BERMAN biotech biotechnological material biotechnology companies biotechnology industry biotechnology inventions Biotechnology Patent Protection Boucher bill California CCPA chemical Chugai compounds Congress Court of Appeals daunorubicin decision DNA sequence drug effective date enactment Epogen erythropoietin essential material existing Federal Circuit foreign competition gene Genentech genetic engineering Genetics Institute Honorable Robert host cell importation Intellectual Property International Trade Commission inventor issue Judiciary jurisdiction Kastenmeier Chairman Kuehl legislation MANBECK Mancy manufacture method nonobvious novel obvious Patent and Trademark patent examiner Patent Office Patent Protection Act patentable material pharmaceutical Pleuddemann prior art problem process claims Process Patent Amendments process patent protection process-of-use claims product claims product patent protein recombinant rEPO Rick Boucher Robert Kastenmeier section 337 starting material Subcommittee on Courts Tariff Act title 35 trade laws Trademark Office U.S. patent law unfair unobvious USPQ
Popular passages
Page 231 - Unfair methods of competition and unfair acts in the importation of articles into the United States, or in their sale by the owner, importer, consignee, or agent of either, the effect or tendency of which is to destroy or substantially injure an industry, efficiently and economically operated, in the United States...
Page 128 - Whoever without authority imports into the United States or offers to sell, sells, or uses within the United States a product which is made by a process patented in the United States shall be liable as an infringer, if the importation, offer to sell, sale or use of the product occurs during the term of such process patent.
Page 231 - The importation for use, sale, or exchange of a product made, produced, processed, or mined under or by means of a process covered by the claims of any unexpired valid United States letters patent, shall have the same status for the purposes of section 1337 of this title as the importation of any product or article covered by the claims of any unexpired valid United States letters patent.
Page 237 - Jurisdiction, therefore, is not defeated as respondents seem to contend, by the possibility that the averments might fail to state cause of action on which petitioners could actually recover. For it is well settled that the failure to state a proper cause of action calls for a judgment on the merits and not for a dismissal for want of jurisdiction. Whether the complaint states a cause of action on which relief could be granted is a question of law and just as issues of fact it must be decided after...
Page 132 - the wide-reaching potential applications of biotechnology lie close to the center of many of the world's major problems — malnutrition, disease, energy availability and cost, and pollution. Biotechnology can change both the way we live and the industrial community of the 21st century.
Page 97 - It would be easier to have some clear general rule by which all obviousness cases could be decided, and some judges might be tempted to formulate one. But the question arises in such an unpredictable variety of ways and in such different forms that it would be unwise to try. Today's rule would likely be regretted in tomorrow's case.28 There are no all-purpose criteria for applying the law of obviousness to every factual situation.
Page 81 - Commission relating to unfair practices in import trade, made under section 337 of the Tariff Act of 1930 (19 USC 1337...
Page 128 - ... or sale of that product. A product which is made by a patented process will, for purposes of this title, not be considered to be so made after — (1) it is materially changed by subsequent processes; or (2) it becomes a trivial and nonessential component of another product.* (h) As used in this section, the term "whoever...
Page 231 - Code; or (ii) are made, produced, processed, or mined under, or by means of, a process covered by the claims of a valid and enforceable United States patent.
Page 221 - Streptontj/cet used in their process but would, we presume (without deciding), be unable to obtain such a claim because the strain, while new in the sense that it is not shown by any art of record, is, as we understand it, a "product of nature.