How Uncertainty in Patentability Will Impact Modality Selection for Biotherapeutics

John Conley presented at the Cambridge Healthtech Institute's Modality Selection for Next-Gen Biotherapeutics conference as part of the Discovery on Target virtual event.

The law is in chaos with respect to the patentability of medical diagnostics and therapies, DNA, RNA and proteins. The PTO and courts are acting inconsistently. Last year, Congress seemed close to passing clarifying legislation, but that effort died. This presentation addressed such questions as: Are existing patents that seem to restrict research really valid? Are new therapies likely to be patentable? If not, can they attract necessary capital?