Patent Series: Protecting inventions
What the First-to-File Patent Change Means (And What IP Strategists Should Do About It)
Whether or not a prior art reference constitutes “analogous art” for purposes of an obviousness inquiry under 35 U.S.C. § 103 has been the subject of debate in many instances. On July 28, 2015, the Federal Circuit, in Circuit...more
I do not usually write about non-precedential Federal Circuit decisions, but I could not let the discussion of “simultaneous invention” in Columbia University v. Illumina, Inc., go without comment. As if protecting patents...more
A number of key points arising from the recent AstraZeneca AB v Apotex Pty Ltd  FCAFC 99 decision have broad implications for the assessment of invention step under the Patents Act (1990).
When does a prior art disclosure of a concentration range of a medicament render obvious the use of a species that falls within that range, when that same use was also known in the prior art? After all, common sense should...more
On March 16, 2013, the "first-to-file" provisions of the America Invents Act ("AIA"), will take effect, replacing the current first-to-invent system. Here we provide specific recommendations to optimize protection of your...more
Patent attorneys are expecting a flurry of patent filing activity by March 15, 2013. This is because under the American Invents Act, U.S. Patent Laws will change on March 16, 2013 and the U.S. will convert to a first-to-file...more
On March 16, 2013, the United States patent system will change fundamentally when we switch from a "First to Invent" to "First to File" system, thanks to the America Invents Act.
What will it mean for businesses and...more
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