Protection of Biotechnology Inventions in China, US and Europe: A Comparative Perspective

Wednesday, October 12th, 1:00pm - 2:15pm

The panel will compare what can be patented and the scope of protection in China, EU and the US including protections that are afforded to plants (utility, PVP, etc.). The panel will also explore the impact of changes in patent laws or regulations in each of these jurisdictions on biotechnology patenting.  The panel will consider aspects of the Third Patent Law Amendments in China, patent reform in the US, and the European Directive and other related policies and their impact on biotechnology patenting.

Moderator:

• Thomas T. Moga, Of Counsel, Shook, Hardy and Bacon

Panelists:

• Francisco Fernandez y Branas, Director Biotechnology, European Patent Office
• Jasemine Chambers, Deputy Administrator for Policy and External Affairs, United States Patent and Trademark Office (USPTO)
• Zhang Qingkui, Director General, Pharmaceutical and Biotech Examination Department, State of Intellectual Property Office, People's Republic of China
• Chris Sappenfield, Senior Counsel, Ibis Biosciences, Inc.

Who's Who

Jasemine Chambers - As the Deputy Administrator for Policy and External Affairs at the United States Patent and Trademark Office (USPTO), Dr. Chambers assists the Administrator for Policy and External Affairs in providing policy advice to the Under Secretary of Commerce for Intellectual Property and Director of the USPTO on matters relating to intellectual property (IP) protection and enforcement, and IP-related trade issues, including proposed legislation and international activities.  She also has responsibility for overseeing the day to day operations of the Office of Policy and External Affairs that comprises Policy and Administration Support, the Office of Governmental Affairs, the Global IP Academy, the IP Attaché Program, and the Office of the Chief Economist.

Prior to assuming her current position, Dr. Chambers was Director of Technology Center 2900.  She oversaw a 120-member organization responsible for the examination of industrial design patent applications.  Dr. Chambers also participated in the review and analysis of pending legislative proposals on industrial design protection and the implementation of the Geneva Act of the Hague Agreement, as well as represented the USPTO in Trilateral Meetings on Industrial Designs.

Dr. Chambers began her career at the USPTO in 1988 as a Patent Examiner in biotechnology.  She became a Supervisory Patent Examiner in 1996, and was appointed Director of Technology Center 1600 in 2000 to oversee the examination of biotechnology, pharmaceutical, and organic chemistry patent applications.  Dr. Chambers was instrumental in developing policy and practice related to the examination of stem cells, animals and gene therapies, as well as in developing examination guidelines and examiner training materials on the utility, written description and enablement requirements for biotechnological inventions.  She represented the USPTO in meetings of the Trilateral Biotechnology Working Group and worked on harmonizing examination practices.  Dr. Chambers also served as the USPTO's project coordinator in the creation of the Patent Cooperation Treaty Search and Examination Guidelines that was subsequently adopted by the World Intellectual Property Organization in 2004. 

A former law clerk to Chief Judge Randall R. Rader of the U.S. Court of Appeals for the Federal Circuit, Dr. Chambers also has served on detail assignments at the White House Office of Science and Technology Policy, the Department of State’s Office of Intellectual Property Enforcement, and the USPTO’s Office of Intellectual Property Policy and Enforcement.  Prior to joining the USPTO, Dr. Chambers was a Postdoctoral Research Fellow at the Duke University Medical Center, and a Senior Staff Fellow at the National Institutes of Health.

Dr. Chambers is the recipient of a Commerce, Science and Technology Fellowship, a Department of Commerce Team Gold Medal for work on the Patent Cooperation Treaty Search and Examination Guidelines, a Department of Commerce Team Silver Medal for work on China intellectual property issues, two individual Bronze Medals for sustained outstanding performance, and a USPTO Exceptional Career Award. 

Dr. Chambers received a B.A. with high honors in Biology from Agnes Scott College, a Ph.D. in Molecular Biophysics from the Florida State University, and a J.D. with honors from the George Washington University Law School.  She is a member of the Maryland state bar and the District of Columbia bar, and is admitted to practice before the U.S. Supreme Court and the Court of Appeals for the Federal Circuit. 

Thomas T. Moga - Thomas T. Moga is a patent attorney with the Washington DC office of Shook, Hardy & Bacon where he focuses on patent preparation and prosecution as well as on licensing, litigation and dispute resolution. His primary experience is in development and enforcement of domestic and foreign patent portfolios for US pharmaceutical and chemical companies.  Mr. Moga holds a BS degree in biochemistry and a degree in law.  He is an experienced patent prosecutor in the chemical, biochemical and pharmaceutical arts and has been qualified and has testified as an expert witness in patent disputes.   Mr. Moga is the author of a multi-volume treatise on patent law in Asia.

Mr. Moga has been involved in intellectual property training programs both at home and abroad. He spent part of 1997 as a Fulbright Scholar in China where he taught patent law at Jilin University and acted as an instructor for patent examiners at China’s State Intellectual Property Office.  Mr. Moga was a visiting foreign expert in law at Xiamen University, China. He is an adjunct professor of law at the University of Toledo School of Law and is on the Board of Advisors for the Cooley School of Law’s LLM program in intellectual property.