I have been waiting for developments on the Patent Eligibility Restoration Act (PERA) since I testified before the Subcommittee on Intellectual Property of the Senate Judiciary Committee in January 2024, and in the meantime...more
If the U.S. Patent and Trademark Office (USPTO) is going to implement fee changes in January 2025, we should see a Federal Register Notice detailing the proposed fees soon. The USPTO started this round of fee-setting in April...more
2/20/2024
/ Filing Fees ,
Information Disclosure Statement ,
Inventors ,
Notice of Proposed Rulemaking (NOPR) ,
Patent Applications ,
Patent Public Advisory Committee (PPAC) ,
Patent Term Adjustment ,
Patent Term Extensions ,
Priority Patent Claims ,
Proposed Legislation ,
Request for Continued Examination ,
Small Business ,
Terminal Disclaimer ,
USPTO
When we first wrote about the Patent Eligibility Restoration Act (PERA), I had no idea I would have the honor of being invited to testify before the Subcommittee on Intellectual Property of the Senate Judiciary Committee, but...more
Senators Chris Coons and Thom Tillis recently introduced the bipartisan 2023 Patent Eligibility Restoration Act that would make significant changes to U.S. patent eligibility law. The “Findings” section of the Act states that...more
It is hard to predict whether a given bill will gain traction, but when the Senate Judiciary Committee reports out five bipartisan bills targeting pharmaceutical patents and pricing, it seems likely they are determined to get...more
Senator Ben Sasse (R-NE) has introduced legislation that would delay and then extend the term of patents related to the treatment of COVID-19. The “Facilitating Innovation to Fight Coronavirus Act” also would shield health...more
Last week Senators Chris Coons (D-Del.) and Tom Cotton (R-Ark.) and Representative Steve Stivers (R-Ohio) and Bill Foster (D-Ill.) reintroduced the STRONGER Patents Act, originally introduced in 2017. While many recently...more
Congress has taken an important step along the road to reforming patent eligibility law. As announced in this press release, Senators Tillis (R-NC) and Coons (D-DE) and Representatives Collins (R-GA-9), Johnson (D-GA-4) and...more
Although the 12-year exclusivity period for original biologic products was a heavily negotiated provision of the Biologics Price Competition and Innovation Act (BPCIA), increased spending on biologic drugs has led to calls to...more
In Acorda Therapeutics Inc. v. Mylan Pharmaceuticals Inc., the Federal Circuit held that the filing of an Abbreviated New Drug Application (ANDA) and intentions to market the product across the United States–including in the...more
3/25/2016
/ Abbreviated New Drug Application (ANDA) ,
AstraZeneca ,
Forum Shopping ,
General Jurisdiction ,
Generic Drugs ,
Minimum Contacts ,
Mylan Pharmaceuticals ,
Patent Infringement ,
Patent Litigation ,
Personal Jurisdiction ,
Pharmaceutical Patents ,
Proposed Legislation ,
Specific Jurisdiction
Representatives Sensenbrenner (R-WI) and Conyers (D-MI) have introduced the “Grace Period Restoration Act of 2015? (H.R. 1791) to “correct the drafting problem in the Leahy-Smith American Invents Act relating to the grace...more
Senator Coons (D-Del) has introduced patent reform legislation that is similar to but different from the Goodlatte Innovation Act pending in the House. One section of S. 632 that does not have a parallel in H.R. 9 relates to...more
On June 4, 2013, the White House issued a press release announcing its “Task Force on High-Tech Patent Issues.” The press release outlined five executive actions and seven legislative recommendations “designed to protect...more
6/12/2013
/ Barack Obama ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
International Trade Commission (ITC) ,
Non-Practicing Entities ,
Patent Assertion Entities ,
Patent Reform ,
Patent Trolls ,
Patents ,
Proposed Legislation ,
Shell Corporations ,
USPTO
As reported on the House Judiciary Committee website, on May 23, 2013, Congressman Goodlatte (R-Va.) released “a discussion draft of legislation designed to address the ever increasing problem of abusive patent litigation.”...more