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The challenges of joint performance to method patents
Feng-Chi Chen1,2,3
1a Institute of Population Health Sciences , National Health Research Institutes , Miaoli County , Taiwan.
Expert Opinion on Therapeutic Patents
|March 8, 2017
Summary
Biotech method patents face challenges due to divided infringement, where multiple entities perform patented steps. This can lead to unauthorized use, making patent enforcement difficult for diagnostic and method patents.
Area of Science:
- Intellectual Property Law
- Biotechnology
- Patent Litigation
Background:
- Biotech patents, particularly multi-step method patents, are increasingly vulnerable to legal challenges.
- Current patent law requires all steps of a method patent to be performed and attributed to a single entity for direct infringement.
- Joint performance of separate steps by multiple parties can lead to divided infringement, complicating enforcement.
Purpose of the Study:
- To analyze the implications of divided infringement on biotech method patents.
- To assess the vulnerability of diagnostic and method patents to unauthorized use via joint performance.
- To provide recommendations for inventors to strengthen their patent claims.
Main Methods:
- Retrospective analysis of cancer diagnostic patents issued between 2005 and 2014.
- Examination of legal precedents and statutory requirements for patent infringement, specifically divided infringement.
- Review of patent claim drafting strategies to mitigate infringement risks.
Main Results:
- A significant number of cancer diagnostic patents issued from 2005-2014 are susceptible to unauthorized use through joint performance.
- Joint performance can serve as a valid defense against direct infringement, weakening patent enforceability.
- Current patent claim structures may not adequately protect against divided infringement scenarios.
Conclusions:
- Inventors must proactively draft patent claims to address the complexities of divided infringement.
- Strategic claim drafting is crucial for reducing the risk of non-infringing, unauthorized use of patented methods.
- Enhanced patent strategies are needed to protect biotech innovations in the face of evolving legal challenges.
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