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Inventors

An Omitted Inventor Can’t Correct Inventorship of a Patent Owned by a Government Agency

In a non-precedential opinion in Ali v. Carnegie Institution of Washington, [2016-2320] (April 12, 2017), the Federal Circuit affirmed the dismissal, on grounds of sovereign immunity, of Ali’s lawsuit to be added as a...more

Evidence of Priority to Provisional Application and that Prior Art Was Not Work of Another Defeated Obviousness Challenge in IPR

The Patent Trial and Appeal Board (the “Board”) issued a final written decision determining that the Coalition for Affordable Drugs (ADROCA), LLC (“Petitioner”) failed to prove unpatentable claims 1-52 of U.S. Patent No....more

Key IP Questions For Emerging Businesses

Are you starting a new company or business venture? Launching an exciting new product or expanding into a new business line? Congratulations. Just remember, if you wind up with a high-growth opportunity, it can often pay big...more

Dependent Claims Were Anticipated While Independent Claims Were Not

In Duncan Parking Technologies, Inc. v IPS Group, Inc., [IPR2016-00067] (March 27, 2017) the PTAB found that claims 8 and 10 of U.S. Patent No. 7,854,310 were anticipated under 102(e), while claims 1–5, 7, and 9 — including...more

PTAB Considers What Constitutes “By Another” Under § 102(e) in Determining Whether Challenged Claims are Unpatentable

In a final written decision in Duncan Parking Tech., Inc. v. IPS Group Inc., IPR2016-00067, Paper 29 (P.TA.B. Mar. 27, 2017), the PTAB evaluated whether a prior art reference alleged to anticipate the challenged patent under...more

The Importance of Getting Inventorship Right: A Cautionary Tale in Two Cases

U.S. patent law elevates the importance of “the inventor” to an extent unseen in the rest of the world. Unlike many other countries, ownership of patent applications in the United States initially vests in the inventors...more

Court Issues Temporary Restraining Order Against Invention Patenting and Promotion Company for Unfair and Deceptive Trade...

There are many businesses focused on helping inventors develop and monetize their ideas. There are companies that, for instance, help people seek patents on their inventions, license their inventions, turn their ideas into...more

Five things academic scientists should know when pursuing their first patent application – Part II of V

The U.S. Patent and Trademark Office (USPTO) has launched a new Automated Interview Request (AIR) Form that allows practitioners to submit an online request for an interview with an examiner. The online form allows...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

USPTO Adds New Features to PatentsView Tool

In January, the U.S. Patent and Trademark Office announced the addition of several new features to its patent data visualization and analysis tool, PatentsView, which allows the public to interactively engage, through a...more

Patent Quality Chat – February 14, 2017: Learning to Love Application Data Sheets

On February 14, 2017, the USPTO’s Patent Quality Chat webinar series continued with “Understanding the ADS (Application Data Sheet): Little Things Make a Big Difference.” For this chat, the USPTO’s Janice Tippett, who is a...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

Guest Post -- The Emergent Microbiome: A Revolution for the Life Sciences -- Part X, The Big Data Component

Research into the human microbiome has resulted in such unprecedented amounts of data that challenges related to both interpretation and management have emerged. Somewhat paradoxically, current statistical methods have made...more

Probiotics: IP Perspectives on the Microbiome

Once considered parasites, free riders, or “opportunistic pathogens,” in recent years the roughly 100 trillion symbiotic bacteria that inhabit the various tissues of the human body have been increasingly recognized for their...more

PCT national phase – filing requirements

by FPA Patent Attorneys on

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

Who Will Own New Designs in a Jetsons-like Era?

While on my flight back from speaking on trademarks & the alcohol industry at this year’s CiderCon, I listened to a fascinating TedTalks podcast on advancements in artificial intelligence that you can find here. Some of the...more

FDA Request for Justification Found to Provide a Mere Research Suggestion—Not Conception of Claimed Formulation

In Cumberland Pharmaceuticals Inc. v. Mylan Institutional LLC, Nos. 16-1115, -1259 (Fed. Cir. Jan. 26, 2017), the Federal Circuit affirmed the lower court’s holding that a patent covering a chelating-agent-free drug...more

Diversity In Intellectual Property

by Ladas & Parry LLP on

Ladas & Parry LLP would like to take this time during Black History Month and the upcoming Women’s History Month to take a look at some pioneers, both past and present, in the field of intellectual property law. We value and...more

Communication of an Idea that Makes the Claimed Invention Obvious is Not Enough to Show Derivation

In Cumberland Pharmaceuticals, Inc.v. Mylan Institutioal LLC, [2016-1155, 2016-1259] (January 26, 2017) the Federal Circuit affirmed the district court holding that U.S. Patent No. 8,399,445, which describes and claims...more

Practical Advice for Drafting Patents with Subjective Claims Terms

U.S. patent law requires that claims particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. 35 USC 112(b). If a claim fails to meet this requirement, it...more

How to Invent Your Trademark - LightSwitch: Intellectual Property Law Update

by Nexsen Pruet, PLLC on

There is this funny little book I read many years ago: Figures of Speech or 60 Ways to Turn a Phrase. The author, Arthur Quinn, describes 60 different ways to come up with a phrase or word that makes your prose and speech...more

In re Van Os (Fed. Cir. 2017)

"Intuitive" to Combine Insufficient to Support Obviousness Rejection - The Federal Circuit recently issued a decision in an appeal from the U.S. Patent and Trademark Office Patent Trial and Appeal Board in a case...more

Holiday Horror Series: Part 4 – HO, HO, HO! AND FA-LA-LA-LA-LA! More Christmas Patents

by Weintraub Tobin on

The last time I checked (which was a couple of years ago), I found over 900 U.S. patents in the U.S. Patent and Trademark Office’s database that had the word “Christmas” in the title. Every year at this time, I look at a few...more

Holiday Horror Series: Part 1- Could You Patent Christmas?!

by Weintraub Tobin on

The holidays are upon us. Given that everything seems to be protected by intellectual property rights, could someone protect Christmas? The most likely candidate to try to patent Christmas would be Santa Claus. But...more

ANDA Update - Volume 2, Number 3

by McDermott Will & Emery on

On-Sale Bar Is No Bar for Selling Manufacturing Services to the Inventor - Addressing what constitutes an invalidating “sale” under § 102(b), the US Court of Appeals for the Federal Circuit sitting en banc affirmed the...more

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