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October 01
BIOTECH BUZZ, September 2013

BIOTECH BUZZ
September, 2013
 

Committee Meetings....................................................................................................................................... 2
Introduction of New Committee Leaders and Plans, 25 October, Washington DC......................... 2
Biotech Social, Stone’s Throw Restaurant, Washington DC, Thursday, 24 October, 6:00-7:00.... 2
Programs........................................................................................................................................................... 2
CLE: Overcoming Barriers to New Technologies, 25 October, Washington DC............................... 2
USPTO Relations Subcommittee.................................................................................................................... 3
Report from BCP Customer Partnership Meeting – 9 September 2013........................................... 3
Committee Annual Survey.............................................................................................................................. 4
 

Committee Meetings

Introduction of New Committee Leaders and Plans, 25 October, Washington DC

Suzannah K. Sundby of Smith, Gambrell & Russell, LLP will become chair and Tim Meigs of Becton Dickinson will become vice chair at the annual meeting.  Please join them for a short business meeting at 3:30-3:40 just prior to the CLE session described below.  They will present a brief description of their plans for the next year.

Biotech Social, Stone’s Throw Restaurant, Washington DC, Thursday, 24 October, 6:00-7:00.

While you’re at the annual meeting, please join us for drinks and socializing with panelists and committee members at the Stone’s Throw restaurant on the first floor of the Wardman Park Marriott hotel on Thursday, 24 October, 6:00-7:00.  The time was selected to give you many options for managing your business, the meeting, and other social engagements.  As usual, it’s a cash bar.
 

Programs

CLE: Overcoming Barriers to New Technologies, 25 October, Washington DC

The Biotechnology Committee and the Food and Drug Committee will sponsor a joint educational session (120 minutes of CLE) that will consider the history of the public’s love-hate relationships with new technologies and will include discussion of causes of these conflicting attitudes and their effects on progress. The global status of intellectual property protection in patent offices, regulatory agencies, and the courts will be analyzed to elucidate the issues involved. Solutions for meeting these concerns and attitudes and proposals for developing programs of public education and fostering policies for protecting intellectual property that are beneficial to the public will be presented.
Alice Martin and Bruce Vrana, co-chairs of our Plant Biotechnology subcommittee, will moderate the all-star panel that they put together:
History of Genetic Technologies: Acceptance and Hurdles to Protection
Dr. Ananda Chakrabarty, Distinguished University Professor, University of Illinois at Chicago
Addressing Public Fears of New Technologies
Professor Jay P. Kesan, College of Law, University of Illinois
International IP Protection for Plants
Dr. Humphrey Foote, Senior Associate, AJ Park
Regulatory Issues in Protection of Plant Products, GMOS, Diagnostics
Dr. Thomas E. Nickson, International Policy Lead, Monsanto
Public Policy and Education Issues
Sarah Hull, Head, Syngenta External Affairs
Please join us in Washington in October for this excellent, educational program!  The session will begin at about 3:40 PM in the Wardman Park Marriott Hotel.

 

USPTO Relations Subcommittee

Report from BCP Customer Partnership Meeting – 9 September 2013

Suzannah K. Sundby, Smith, Gambrell & Russell, LLP
Copies of the handouts from this meeting and from prior meeting can be obtained at http://www.cabic.com/bcp/. 
Wanda Walker and Jerry Lorengo opened the meeting.
AIA: FITF
Kathleen Bragdon (TC1600) and Gerald Leffers (OPQA) , gave a phenomenal presentation on the training being provided to examiners on AIA FITF office actions and art rejections (and exceptions).  The training/workshop materials are available from the USPTO website at http://www.uspto.gov/aia_implementation/fitf_workshop_demo20130913.pdf.  Many who participated in person said that they are going to implement similar worksheets in their case files and use for client counseling.  These are the same materials that were discussed at the Second Anniversary AIA Forum that was held on 16 September 2013.  For more information go to http://www.uspto.gov/aia_implementation/index.jsp.
Enhancing Efficiency Training and 102/103 Rejections
Jean Witz (QAS, TC1600) and Ashwin Mehta (QAS, TC1600) gave a presentation on enhancing efficiency training relating to 102 and 103 rejections focusing on inherency (including inherency as applied to obviousness), range limitations, and routine optimization.  They discussed case law and its application to specific facts.  The slide set provides a great overview of applicable case law.
Jean Witz then covered examiner training materials that are designed to help examiners provide better rejections.  This portion was also a workshop format where attendees, acting as a supervising examiner, reviewed a claim set, specification, prior art materials, and a junior examiner’s rejections, and then commented on the rejections (e.g., correctness, applicability, analysis, etc.).
Track I Analysis
Kate Gaudry of Kilpatrick Townsend gave a presentation which covered a statistical analysis of Track 1 applications including their allowance rates, speed of prosecution, and cost as compared to regular applications.
The meeting concluded and many of us continued our lively discussions at the Trademark Bar.
Next Meeting – 10 December 2013
The next BCP meeting will be held 10 December 2013.  This meeting will be a special BCP meeting as Acting Director Teresa Rea will be attending. 
If there are any issues or topics that you wish to hear, please let the biotechnology committee know about them or send your ideas to Cecilia Tsang (571-272-0562 or cecilia.tsang@uspto.gov) or to the Group Directors.
Happy Hour
For those wanting more mix and mingle opportunities, come join us for Happy Hour after each BCP meeting at the Trademark Bar for   and lively discussions having little to do with patent law.

 

Committee Annual Survey

We would like your input about the committee.  If you care to, please go to http://www.surveymonkey.com/s/LS7PB5R and provide your answers to one or more of the five questions on the survey.  The five questions are:
1. How can the leadership of AIPLA’s Biotechnology Committee better meet your expectations?
2. What issues or subcommittee(s) would you like to be involved in? (Options are: Diagnostic and Gene Patenting, Biosimilars, Tech Transfer and Licensing, Plant Biotech, Litigation, PTAB Proceedings, and Industrial Biotech)
3. Other / comments to clarify your answers.
4. How can the leadership of AIPLA’s Biotechnology Committee better communicate developments of interest to you?
5. Other / comments to clarify your answers, for example, frequency (e.g., monthly /weekly/daily/newsflash); content (detailed analyses/short summaries); and/or format (Biotech Buzz/emailed or posted weekly newsletter/daily blog or linked-in postings).

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