Patent term extension (PTE) is available under the 1984 Drug Price Competition and Patent Restoration Act, also known as the Hatch-Waxman Act (The Act). The Act allows the extension of the term of a patent claiming a product...more
7/29/2020
/ Administrative Procedure ,
Food Manufacturers ,
Hatch-Waxman ,
Medical Devices ,
Patent Prosecution ,
Patent Term Extensions ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
USPTO ,
Veterinary Products
In 1999, Congress created a system of patent term adjustment (PTA) that adds additional time to patent terms to remedy certain delays caused by the U.S. Patent and Trademark Office (PTO) in issuing a patent....more
It is difficult to think of a case that has had more influence on patent practice than KSR v. Teleflex (550 U.S. 398 (2007)). In KSR, the U.S. Supreme Court rejected the established practice that an invention could not be...more
7/22/2020
/ Appeals ,
Defense Strategies ,
Evidence ,
Litigation Strategies ,
Nonobvious ,
Obviousness ,
Patent Applications ,
Patent Litigation ,
Patent Prosecution ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Prior Art ,
SCOTUS ,
USPTO
Both the European Patent Office (EPO) and the Japanese Patent Office (JPO) accept a third party observation regarding validity of a patent application. In February 2012, it was announced that third party observations could be...more
9/17/2018
/ Administrative Procedure ,
China ,
EU ,
European Patent Office ,
Foreign Patent Applications ,
Japan ,
Japan Patent Office ,
JPO ,
Patent Cooperation Treaty ,
Patent Examinations ,
Patent Invalidity ,
Patent-Eligible Subject Matter ,
Patents ,
Prior Art ,
SIPO ,
Third-Party
The America Invents Act provides an expanded process for a third party to submit prior art to the examiner concerning any U.S. patent application. The new process is aimed to encourage the public to submit relevant art as a...more
9/14/2018
/ Administrative Procedure ,
America Invents Act ,
Design Patent ,
Foreign Patent Applications ,
Foreign Trademark ,
Inter Partes Review (IPR) Proceeding ,
International Litigation ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Plant Patents ,
Prior Art ,
Third-Party ,
Trademark Infringement ,
Trademark Trial and Appeal Board ,
Utility Patents
A Survey of Third Party Observation Systems -
Third party observations can be a cost-effective way of introducing prior art or arguments related to patentability of a published patent application. The September 2018 issue...more
9/13/2018
/ America Invents Act ,
China ,
EU ,
European Patent Office ,
Foreign Patent Applications ,
Japan ,
Japan Patent Office ,
Patent Cooperation Treaty ,
Patent Prosecution ,
Patentability Search ,
Patents ,
Prior Art ,
Third-Party
Please see full Doctrine of Equivalents Chart for Countries around the World. ...more
U.S. courts have long recognized that a product or process which does not literally infringe a patent can nevertheless infringe under the "doctrine of equivalents" if it is equivalent to the claimed invention. The percentage...more
9/20/2017
/ Appeals ,
Biopharmaceutical ,
CAFC ,
Doctrine of Equivalents ,
Enzo Biochem ,
Function-Way-Result Test ,
Insubstantial Differences Test ,
Mylan Pharmaceuticals ,
Patent Infringement ,
Patents ,
Pharmaceutical Patents ,
Preliminary Injunctions ,
SCOTUS
Worldwide Doctrine of Equivalents and Prosecution History Estoppel -
The doctrine of equivalents (DOE) arises in the context of a patent infringement action where the accused product or process does not literally infringe...more
9/19/2017
/ Biotechnology ,
Doctrine of Equivalents ,
Estoppel ,
Global Standards ,
International Litigation ,
Patent Infringement ,
Patent Prosecution ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
UK ,
UK Supreme Court
It is often desirable to obtain patent protection for inventions both in Europe and the United States. As a result, competitors frequently look to Europe and the US as important jurisdictions for challenging the validity of a...more
Revocation Proceedings Around the World -
Mechanisms to challenge the validity of granted patents are available in many countries throughout the world. The June 2017 issue of Sterne Kessler’s Global Patent Prosecution...more
Speed is everything in the business world. The fastest company to market wins a competitive advantage. However, investors are often reluctant to back new products that do not have patent protection, and backlogs at the US...more
The March 2017 inaugural issue of Sterne Kessler's Global Patent Prosecution Newsletter includes information and practical tips for accelerated examination strategies in the United States, Europe, and Asia.
...more
The grant of a patent can be delayed by years due to backlogs at patent offices around the world. However, recognizing the urgent need to address climate change, certain patent offices have established programs to expedite...more
On November 20, 2015, the U.S. Patent and Trademark Office (USPTO) launched Dossier Access – a public online interface providing access to the file histories of related applications from participating patent offices around...more
The U.S. Patent and Trademark Office (USPTO) has extended its After Final Consideration Pilot 2.0 and Quick Path Information Disclosure Statement programs through September 30, 2016. The programs are part of the USPTO’s...more
In an effort to promote the development and commercialization of technologies that conserve natural resources or reduce negative environmental impact, patent offices around the world have adopted programs to expedite the...more
3/20/2015
/ Australia ,
Brazil ,
Canada ,
China ,
Clean Tech ,
Fast Track Process ,
Green Technology ,
Israel ,
Japan ,
Patent Prosecution Highway ,
Patents ,
South Korea ,
Sustainability ,
UK ,
USPTO
On June 2, 2014, the U.S. Supreme Court issued a decision in Limelight Networks, Inc. v. Akamai Technologies, Inc. et al., holding that a defendant may not be liable for induced infringement of a patent under 35 U.S.C. §...more
On January 15, 2014, the U.S. Court of Appeals for the Federal Circuit decided Novartis v. Lee (No. 2013-1160, -1179), holding that time spent in “continued examination” is excluded from a patent term adjustment even where...more
On April 1, 2013, the U.S. Patent and Trademark Office (USPTO) published an interim final rule revising several patent term adjustment (PTA) provisions in view of the AIA Technical Corrections Act. 78 Fed. Reg. 19416. In...more