News & Analysis as of

Inventions

Inventorship Claims That Took $8 Million to Defeat Were Not “Exceptional”

In University of Utah v. Max-Planck-Gesellschaft Zur Foerderung der Wissenschaften E.V., [2016-1336] (March 23, 2017), the Federal Circuit affirmed the district court’s finding that the case was not exceptional within the...more

Nikola Tesla Invented E-Discovery Technology in 1938, According to Newly Discovered Journal Now Housed at ACEDS

by Exterro, Inc. on

In a stunning discovery earlier this year, a journal belonging to famed inventor Nikola Tesla was discovered when custodial staff were cleaning out the basement at the New Yorker Hotel, Tesla’s residence from 1934 until his...more

Patents harder to obtain now, attorney say

by GableGotwals on

Back in 1899, Charles H. Duell, thencommissioner of the U.S. patent office, purportedly said “everything that can be invented hhttp://cms.jdsupra.com/docuploader/document/related/58d2c8cd-0e40-4396-bbfc-05ecd6f4c0ad/#as been...more

Australian and New Zealand Patent Systems among the strongest in the world

by FPA Patent Attorneys on

A newly developed index rates Australia’s and New Zealand’s patent systems among the strongest in the world. Companies need to be strategic about where to protect their inventions. These decisions are generally based on...more

2016 – a year at a glance

by FPA Patent Attorneys on

What is a human? When is your best method not good enough? When is an inventor not an inventor? What happens when your patent application fails to deliver on its promise? These are just a few of the questions that the...more

Experimental Use of an Invention

by Field Law on

Inventors must take care that their invention is “new” for it to be patentable. That means the invention hasn’t been disclosed to the public. Trade show announcements, press releases, publications, offering the invention for...more

PTAB Terminates Interference Proceeding Between University of California and Broad Institute Regarding CRISPR Gene Editing Claims

The Patent Trial and Appeal Board (PTAB) terminated a patent interference proceeding between the University of California (UC) and the Broad Institute (Broad), a joint venture of Harvard University and Massachusetts Institute...more

Swiss-style patent claims can be very valuable in Australia

by FPA Patent Attorneys on

The scope for enforcement of Swiss-style claims may be broader in Australia than for method of medical treatment claims. Second medical use inventions can be claimed in an ever increasing number of claim formats depending on...more

The Purpose Behind Patent Law and What It Means For You

by SmithAmundsen LLC on

Have you ever wondered why there is a patent system in the United States? Believe it or not, the framers of the U.S. Constitution gave Congress the power to create a patent system right in the Constitution itself—Article 1,...more

Do I Need a Patent Prior Art Search?

This is a common question among many new inventors. To be patentable, an invention must be novel and non-obvious in view of the “prior art.” Prior art includes prior filed patents, patent applications, and other public...more

PCT national phase – filing requirements

by FPA Patent Attorneys on

Please see chart below for more information....more

UK: Drop in the ocean – Employee's invention not profitable enough for compensation

by Hogan Lovells on

The UK Court of Appeal confirmed on 18 January that an employee was not entitled to any compensation from his employer for the income generated by his patented inventions, as the returns did not amount to an “outstanding...more

The Bayh-Dole Act

The Bayh-Dole Act allocates rights for intellectual property developed with federal funds between contractors or grant recipients and the government. This infographic provides an overview of the Bayh-Dole Act, the steps that...more

Licences are out and automatic rights are in: a new way to allow exploitation following temporary patent ceasing is proposed

by FPA Patent Attorneys on

Automatic rights to exploit inventions are proposed to replace third party licences to exploit inventions. This proposal follows only months after an initial Patent Office decision on the licence provisions....more

To concede or not concede (infringement): that is the question! An instance of a third party licence being requested during...

by FPA Patent Attorneys on

Under Australian law, if a patent application ceases and the patent is subsequently reinstated by the owner by use of our extension of time provisions, a third party may obtain a licence to the patent on the basis of steps...more

Court Rejects Theory Of Derivation Based On FDA Requirement

by Foley & Lardner LLP on

The Federal Circuit decision in Cumberland Pharmaceuticals Inc. v. Mylan Institutional LLC may be more interesting for what Mylan argued than for what the Federal Circuit decided. However, it could be an important decision...more

First Circuit BAP Protects Trademark Licensees In Bankruptcy Despite Section 365(n)

The First Circuit recently issued an important interpretation of bankruptcy law that directly impacts trademark licensing rights. In In re Tempnology LLC, 559 B.R. 809 (1st Cir. BAP 2016), the First Circuit Bankruptcy...more

Enablement and examination post raising the bar

by FPA Patent Attorneys on

The amendments to the Patents Act under Raising the Bar brought changes to the enablement provisions required by Australian patent specifications. This article provides a brief review of three recent categories of...more

Federal Circuit Weighs in on Evidentiary Challenge in IPR, Reversing PTAB

More often than not, evidentiary issues in IPR proceedings fail to make headlines because the Board will structure its Final Written Decision to avoid evidentiary challenges. Findings that a party’s motion to exclude is...more

Generating Wealth Through Inventions

by Snell & Wilmer on

Once the U.S. was a manufacturing powerhouse, but much of its industry has now moved overseas or south of the border to low-cost countries such as China, India, and Mexico. About eighty percent of the U.S. economy is now...more

Inventions Out Of This World: Patent Protection In Outer Space

by Winstead PC on

Outer space exploration has been expanding.  For instance, since 1998, the International Space Station has served as a platform for scientific research and discoveries in space within modules that are operated by the space...more

Contributing to a patent claim might not make you a co-inventor

by FPA Patent Attorneys on

A decision by the Full Federal Court of Australia has found that even if you have contributed to an invention and your contribution has led to a patent claim, you may not be a co-inventor for that claim. The case...more

Freedom to Utilize Genetic Resources? The Nagoya Protocol Two Years Later

by WilmerHale on

Two years ago today, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits from their Utilization to the Convention on Biological Diversity (“Protocol”) entered into international...more

Eight Ways to Strengthen Your Patent Portfolio

by Snell & Wilmer on

Today, building a strong patent portfolio is critical for businesses wanting to create exclusive technology sectors to generate greater market share and profits. A strong patent portfolio also provides defensive leverage...more

Intellectual Property Overview For Agribusiness

by Buchalter on

A company’s greatest assets may be its intellectual property. Properly protecting such assets then may be the key to continued success. Below are some questions to consider as a health check for your IP assets. 1....more

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