Patent Applications

A Patent Landscape Analysis: iPSCs

by Antoinette F. Konski | Foley & Lardner LLP on 5/21/2013

There are several emerging technology clusters in the induced pluripotent stem cell (iPSC) space. Simon Elliot and I conducted a patent landscape analysis focusing on issued U.S. patents and pending applications....more

USPTO Launches New After Final Consideration Pilot Program to Reduce Requests for Continued Examination (RCEs)

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 5/21/2013

In a Federal Register Notice published on May 17, 2013, the USPTO announced After Final Consideration Pilot Program 2.0 (AFCP 2.0) as part of its ongoing efforts to “reduce pendency by reducing the number of Requests for...more

Patent Eligibility of Software Innovations After CLS Bank

by Richard Gervase Jr., Peter Snell | Mintz Levin - Intellectual Property on 5/20/2013

The en banc Court of Appeals for the Federal Circuit recently could not agree on the proper approach for determining whether software-based inventions constitute patent eligible subject matter under § 101 of the patent...more

WIPO Reports Increase in International Application Filings in 2012

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 5/17/2013

In March, the World Intellectual Property Organization (WIPO) announced that International patent applications filed under the Patent Cooperation Treaty (PCT) increased by 6.6% in 2012. WIPO noted that of the 194,000 PCT...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Implementing the New Micro...

by Joshua Bosman, Gregory Huffman | McDonnell Boehnen Hulbert & Berghoff LLP on 5/15/2013

As part of new rules introduced by the Leahy-Smith America Invents Act (AIA), a new section that defines a “micro entity” was added to Title 35 of the United States Code. As a subset of small entity status, micro entity...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Comments on New AIA Rules

by Cole Richter, Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 5/14/2013

On March 16, 2013, the final (and most significant) portion of the Leahy-Smith America Invents Act (AIA) took effect, and the United States broke from a first-to-invent regime to a first-inventor-to-file (FITF) regime. Of...more

How to File for a Patent

by Scott Cromar, Russell Jeide | Knobbe Martens Olson & Bear LLP on 5/14/2013

Knobbe Martens’ patent attorneys Russell Jeide and Scott Cromar hosted a seminar series on intellectual property basics for Temecula’s business community. Entrepreneurs, investors, startups, inventors and anyone interested in...more

Intellectual Property and Your Startup (Presentation)

by Scott Cromar, Russell Jeide | Knobbe Martens Olson & Bear LLP on 5/13/2013

Knobbe Martens’ patent attorneys Russell Jeide and Scott Cromar hosted a seminar series on intellectual property basics for Temecula’s business community. This presentation is from the first class giving a basic overview of...more

Inovia Releases 2013 Report on Global Patent Trends

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 5/9/2013

Patent services provider inovia announced the release of its 2013 report on global patent and IP trends today. In compiling the report, inovia, which produces products for PCT national phase entry, European patent...more

Dawson v. Dawson (Fed. Cir. 2013)

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 5/7/2013

On March 25, the Federal Circuit in Dawson v. Dawson affirmed a determination by the Board of Patent Appeals and Interferences that the University of California, San Francisco (UCSF) failed to establish sole conception by Dr....more

Federal Circuit Review - Volume 3 | Issue 4 - April 2013

by Knobbe Martens Olson & Bear LLP on 5/2/2013

In This Issue: • Double Patenting Applies With Distinct Inventive Entities • Inducement Judgment Remanded in Light of Akamai • First Sale Doctrine Applies to Sales Made Abroad - Excerpt from Double...more

The Federal Circuit Draws the Line on Permissible Changes to Design Patent Claims – Or Does It?

by Steven Schwarz | Venable LLP on 5/1/2013

The Federal Circuit recently issued an opinion in the case In re Owens affecting the range of permissible claim changes in design patents. In re Owens, Appeal No. 2012-1261 (Fed. Cir. Mar. 26, 2013). Unlike utility patents,...more

Don't Just Patent Everything, You Need To Have A Strategy

by Antonia Sequeira | Fenwick & West LLP on 4/29/2013

You can't patent it all. Inventors often want to patent every potentially novel detail of their technologies and patent attorneys are sometimes willing to help them do it. However, this type of unfocused, shotgun approach...more

New Patent Regulations Change The Due Date For Filing A Notice Of Entitlement

by Tom Gumley, Reginald Leones | Freehills Patent Attorneys on 4/22/2013

A notice by an Australian patent applicant stating entitlement to grant of patent and to claim priority is to be filed no later than the due date for request for examination....more

Challenging the Enabling Quality of Prior Art

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 4/19/2013

In In re Morsa, the Federal Circuit reversed an anticipation rejection where the applicant had challenged the enabling quality of the cited prior art reference, even though the applicant had not submitted evidence in support...more

Intellectual Property Laws Amendment (Raising The Bar) Act 2012: Amendments Relevant To Procedure (Updated 15 April 2013)

by Freehills Patent Attorneys on 4/16/2013

Schedules 3 and 6 of the new law relate to new proceedings and cancellation of other proceedings with the objective of reducing delays in resolution of patent applications, and simplifying the patent system by removing...more

Patently Lincoln

by M. Kelly Tillery | Pepper Hamilton LLP on 4/16/2013

Some may know that Abraham Lincoln is the only president to apply for and be granted a U.S. Patent (No. 6,469 – “A Device for Buoying Vessels Over Shoals”), but few are aware that he was also an active patent litigator and a...more

USPTO Announces Revisions to Patent Term Adjustment Rules

by Lori M. Brandes, Ph.D., Eric K. Steffe | Sterne, Kessler, Goldstein & Fox P.L.L.C. on 4/5/2013

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

A Cautionary Tale for Patent Applicants

by Antoinette F. Konski | Foley & Lardner LLP on 4/5/2013

When should a patent application be filed? Should it be filed prior to submission of a manuscript or abstract for peer-review or just prior to publication? In highly competitive technologies, it is prudent to file as soon as...more

Supreme Court of India Denies Novartis Patent Application

by Amita Gopinath | Miller Canfield on 4/4/2013

In a landmark judgment delivered on April 1, 2013, the Supreme Court of India dismissed an appeal by Novartis AG, a Swiss pharmaceutical giant, to win patent protection in India for its cancer drug Glivec. The polarizing...more

Legal Alert: A Little Rule With Big Implications: USPTO Implements New Fee Schedule Including a 75% Reduction in Patent Fees for...

by James Cline, Jr., Kevin King | Sutherland Asbill & Brennan LLP on 3/29/2013

On March 19, 2013, the United States Patent and Trademark Office (USPTO) implemented a new fee schedule as authorized by the Leahy-Smith America Invents Act (Act). Among numerous changes in the fees for patent services...more

Australia’s April 12 Deadline for Raising the Bar

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 3/27/2013

Now that we have made it past the March 16, 2013 effective date of the first-inventor-to-file provisions of the America Invents Act, it is time to turn our attention to Australia, and the April 15, 2013 effective date of the...more

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

by Joan Ellis, Chris Mitchell, H. Jonathan Redway | Dickinson Wright on 3/25/2013

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most...more

What You Need to Know about the USPTO’s Final Rules and Examination Guidelines for the First-to-File Provisions of the Leahy-Smith...

by Robert Kinberg, Fabian M. Koenigbauer, Michael A. Sartori, Ph.D. | Venable LLP on 3/25/2013

The USPTO’s final rules and examination guidelines for the first-to-file provisions of the Leahy-Smith America Invents Act, which was issued on February 14, 2013, contain several provisions that require Applicant action or...more

USPTO News Briefs - March 18, 2013

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 3/19/2013

USPTO Extends Comment Period on Notice Regarding Preparation of Patent Applications - In January, the U.S. Patent and Trademark Office published a notice in the Federal Register (78 Fed. Reg. 2960) requesting public...more

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