2011 AIPLA Biotechnology Committee Survey – Results

1.  Which of the following services provided to Biotechnology Committee members by the Biotechnology Committee have you participated in, visited, consulted, or read (as the case may be) over the last 12 months? (22 Responders)

Biotech Buzz / 18 / 82%
Case Law Reports / 17 / 77%
Biotechnology Committee meeting programs / 15 / 68%
Committee microsite / 13 / 59%
Webinars / 12 / 55%
Reports of USPTO Partnership Meetings / 10 / 45%
Archived reports of Committee meetings / 7 / 32%
Wiki / 3 / 14%

2.  Which of the following services are the most valuable to you (select no more than 3)? (22 Responders)

Biotech Buzz / 16 / 73%
Biotechnology Committee meeting programs / 15 / 68%
Case Law Reports / 12 / 55%
Webinars / 9 / 41%
Reports of USPTO Partnership Meetings / 7 / 32%
Committee microsite / 4 / 18%
Archived reports of Committee meetings / 3 / 14%
Wiki / 2 / 9%

3.  On which of the following Subcommittees of the Biotechnology Committee would you most inclined to serve? Select no more than 3. There is no commitment to serve on a Subcommittee if you select it. There is no requirement to attend AIPLA’s stated meetings (i.e., Annual, Mid-Winter, and Spring meetings). (22 Responders)

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2011 AIPLA Biotechnology Committee Survey – Results

Biotech Buzz / 10 / 45%
Program Development / 9 / 41%
International Issues / 6 / 27%
Case Law Updates / 5 / 23%
Legislative Issues / 5 / 23%
USPTO Relations / 3 / 14%
Webinars / 3 / 14%
Web Microsite / 3 / 14%
Membership Communications / 2 / 9%
None / 2 / 9%
Bioinformatics / 0 / 0%
Wiki / 0 / 0%

4.  With which one (1) of the following other AIPLA Committees would you most inclined to serve as liaison? Select no more than 1. A liaison must be a member of the other Committee as well as a member of the Biotechnology Committee. Liaisons facilitate communications among Committees and help plan joint meetings with other Committees, among other things. There is no commitment to serve as a liaison if you select one. There is no requirement to attend AIPLA’s stated meetings. (19 Responders

Committees with which we have liaisons presently

International and Foreign Law / 2 / 11%
Women in IP / 2 / 11%
Amicus / 1 / 5%
Corporate Practice / 1 / 5%
Diversity / 0 / 0%
Genetic Resources / 0 / 0%
Young Lawyers / 0 / 0%

Some Committees with which we could have liaisons

None / 5 / 26%
Special Committee on the FDA / 2 / 11%
Licensing and Management of IP Assets / 2 / 11%
IP Practice in Europe / 1 / 5%
IP Practice in Latin America / 1 / 5%
Public Education / 1 / 5%
Chemical Practice / 0 / 0%
International Education / 0 / 0%
IP Practice in Japan / 0 / 0%
IP Practice in Far East / 0 / 0%
Mentoring / 0 / 0%
Trade Secret Law / 0 / 0%

Please send your email address to Karen Canady () or Jim Kelley () if you want to become a liaison.

5.  What service, activity, Subcommittee, or liaison should we add, if any? Why? Which should we eliminate, if any? Why?

Eight (8) Responses

a)  Public Education

b)  Liaisons with Chemical Practice, FDA, Public Education, IP Practice in Europe, IP Practice in Japan, IP Practice in Latin America, IP Practice in Far East, Licensing and Management of IP Assets. Work with public education committee more. More focus on international issues and more on legislative efforts, especially those that threaten to restrict patenting relating to biotechnology.

c)  Is it possible to have conference call options for the Biotechnology Committee meetings? If these are already available, I have not really been aware of them. Also, I was completely unaware of the Biotech Buzz newsletter. Please let me know how I can sign up.

d)  Subtee on Diagnostics and Gene Patenting.

e)  Rather than add or eliminate anything, my recommendation is to adjust the Licensing and Management Committee to encompass all aspects of Technology Transfer more explicitly.

f)  How about a subcommittee on corporate practice/biotech law and business issues? This could deal with the intersection between law and business and issues that directly affect industry.

g)  Patent litigation. I don't have a compelling reason. It just seems like a natural although perhaps the Biotech Committee's interests in litigation are served through the Amicus Committee.

h)  Not sure.

6.  Please provide us with your ideas for improving the Biotechnology Committee.

Seven (7) Responses

a)  Keep Karen Canady involved!

b)  Please see above. I feel as if there has been insufficient communication concerning available resources.

c)  I think it's fine and the current Ctee Chairs are doing a good job.

d)  It seems that many of the committee resources are geared towards those with existing knowledge and expertise. I understand the importance of the expertise, but it would be nice if there were some programs for the novice, the entry-level attorney wanting to get involved with biotech.

e)  In general, the committee is working very well, and I don't see much in the way of possible improvements. One thought is to hold regular committee-wide meetings by teleconference to discuss upcoming projects and other issues.

f)  The committee seems stronger and actively engaging members this year. My only idea is that we make sure that the level of activity is sustained. I would be glad to become a more active participant to assist with this effort.

g)  Already good on U.S. issues, needs more of an international focus too.

7.  Let us know your ideas for webinar topics, meeting topics, or wiki topics. A wiki is a member-edited document for information sharing. Wikipedia is an example. Our one and only wiki (so far) contains information about patenting biotechnology around the world.

Seven (7) Responses

a)  Wiki for definitions of terms used in patent claims.

b)  AIPLA webinars (biotech and other) on recent cases and developments have been good, so more of that type of webinar would be great.

c)  Advising Recipients of Federal Research Funds After Stanford v. Roche

d)  bio-generics/follow-on biologics: patent and regulatory issues 2. Canadian requirements for written description and "sound prediction" (although this could overlap with an upcoming chemical practice seminar) 3. Patenting of "isolated and purified" substances": how does this square with the "product of nature" doctrine, and where is the line to be drawn? 4. Patenting of diagnostic methods: where do we stand now, where are we heading, and what is the situation in other countries?

e)  I would be interested in topics relating to tying business activities and trends to biotech, e.g., recent deals in the biotech area such as companion diagnostics; FDA Guidance and Policies relating to diagnostics and biologics.

f)  When the FDA gets around to making rules on follow-on biologics, projected for no later than the end of this year, the rules will be a good webinar or meeting topic. Perhaps they could be the subject of the mid-winter meeting.

g)  Follow-on biologics. International patentability of biotechnology.

8.  Let us know your ideas for how the Biotechnology Committee can contribute toward AIPLA achieving its strategic goals (http://www.aipla.org/about/who/Pages/AIPLA-Strategic-Plan.aspx):

Advocacy: AIPLA will provide crucial leadership and unbiased analysis leading the way for world-class policy and decision-making, while attracting membership, ideas, and resources as a highly sought after and respected thought leader.

Public Education: AIPLA will educate the public about the daily value of intellectual property so that its importance is understood and appreciated.

Member Service: AIPLA will support the professional and intellectual growth of its members through a flexible organizational framework and innovative channels of communication, delivering outstanding services, cost-effective programs and mentoring opportunities, thereby ensuring that AIPLA remains the premier intellectual property association, and attracts IP professionals from around the world.

Global Outreach: AIPLA will expand its influence to the global community and provide leadership and guidance for the development of sound global intellectual property standards, laws and policies.

a)  Our committee has a potentially key role in public ediucationm namelyin dispelling myths and advancing he cause of biotechnology patenting. It would be great to see us produce a "white paper", op-ed piece or other form of public education (perhaps even Youtube video presentations) about the biotech patents. At present, anti-patent voices seem to have the upper hand, it would be very nice to see us counter this with some public initatives. We potentially have credibility since we are not the "voice of industry" but simply a collection of well-informed individuals.

9.  How well is the Committee and Subcommittee leadership doing at providing you with things that you find valuable about membership in the Biotechnology Committee? Select one.

o  Exceeding expectations

o  Meeting all expectations

o  Meeting some expectations

o  Not meeting any expectations

o  No opinion

10.  Other / comments to clarify answers above.

a)  Again, please see above regarding the need for better communication. Also, I had no idea my subscription had even lapsed until I attempted to access something recently. I had never received a renewal request.

b)  The committee is doing a great job. My only regret is that I have not been more involved in the past but I hope to remedy this. -Adrian Zahl

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