Skip to main content
Premium Trial:

Request an Annual Quote

How Would Affy s Patent Fare if the US Adopted an Opposition System?

Premium

Now that one of Affy’s patents has been revoked — however temporarily — in Europe, companies like CombiMatrix and Applera may see the EPO as a more attractive route for opposing patents, rather than taking up the matter in the litigation-friendly US.

According to CombiMatrix’ CEO Amit Kumar, his firm has no plans to oppose any of Affymetrix’ US patents, unless the US moves to a system similar to one used in Europe and Japan that incorporates opposition into the format of granting patents.

“If the US does develop an opposition system like Europe, then we will certainly be active,” he said.

But how long will it be before patent reform like that takes effect? Some patent attorneys say they believe it may be inevitable, and British patent attorney Tony Maschio from D. Young and Associates, said that he is aware of three legislative proposals in the US to move to an opposition system.

Regardless, if the US moves to an opposition system, Affymetrix’ method wouldn’t be subject to opposition because it was never patented in the US. The priority US application that the European patent was based on was initially filed in December 1990, according to the US Patent Office, but later abandoned by Affymetrix.

Individual claims of the patent, however, are still part of other US patent applications that Affy has filed in the 15 years since it tried to get the rights to them, and are currently awaiting approval.

 

The Scan

Mosquitos Genetically Modified to Prevent Malaria Spread

A gene drive approach could be used to render mosquitos unable to spread malaria, researchers report in Science Advances.

Gut Microbiomes Allow Bears to Grow to Similar Sizes Despite Differing Diets

Researchers in Scientific Reports find that the makeup of brown bears' gut microbiomes allows them to reach similar sizes even when feasting on different foods.

Finding Safe Harbor in the Human Genome

In Genome Biology, researchers present a new approach to identify genomic safe harbors where transgenes can be expressed without affecting host cell function.

New Data Point to Nuanced Relationship Between Major Depression, Bipolar Disorder

Lund University researchers in JAMA Psychiatry uncover overlapping genetic liabilities for major depression and bipolar disorder.