Patent Reform

News & Analysis as of

The view from the UK and France of the fundamental reform in European patent law

The introduction of a unitary patent and a unified patent court system is viewed as a very exciting prospect. Somewhat paradoxically, however, the introduction of the UP will mean that three types of patents will become...more

More Misinformation Regarding the Patent System and Non-Practicing Entities

The press has been all too eager to decry the so-called "broken" U.S. patent system and the alleged "scourge" of non-practicing entities (NPEs). However, few if any articles attempt to provide an even-handed analysis of...more

European patent law: fundamental reform ahead

The European Union member states are preparing to introduce a new European Patent with Unitary Effect and a single Unified Patent Court with divisions located throughout Europe. With this package of broad patent reforms, the...more

The German perspective on the fundamental reforms in European patent law

Arguably, Germany is the jurisdiction which has the most to lose with the introduction of the UPC. The German patent infringement courts have built a reputation of offering an attractive combination of quality, speed and a...more

The view from the US of the fundamental reform in European patent law

While a radical departure from prior practice in the EU, the concept of a European Patent with Unitary Effect will be familiar to US practitioners. That is because the Unitary Patent (UP) System is an “all eggs in one basket”...more

The Italian position on the fundamental reform in European patent law

From a foreign perspective, it is not easy to understand the difference between UP and UPC. If you are Italian, the distinction is extremely clear, as Italy joined the newly established unified patent court system (the UPC)...more

More Change to Canada’s Intellectual Property Laws on the Way

On October 23, 2014, as part of the fall budget bill, the federal Government quietly tabled the second in a series of substantial reform packages to Canada’s existing intellectual property regime. Following the introduction...more

Highmark and Octane Helped, But Legislation on Fee Shifting Still Necessary

There is a continued need for patent reform to address the asymmetrical costs that patent litigation imposes on defendants. Given the substantial costs imposed on U.S. technology companies by the number of suits brought by...more

The new Italian Patent Box!

On 15 October 2015 the Italian Government submitted to Parliament the so called “Stability Law 2015?, a bill containing a number of measures aimed at vitalizing the Italian economy and boosting grow in the system, including...more

Patent Litigation Reform -- Will the Outcome of the Mid-Term Elections Matter, and Is Reform Still Necessary?

Unless you have been hiding under a rock, you are probably aware that mid-term elections are next Tuesday. And the issue on every voter's mind is obviously patent litigation reform. In all seriousness, even though the...more

More Change to Canada’s Intellectual Property Laws on the Way

On October 23, 2014, as part of the fall budget bill, the federal Government quietly tabled the second in a series of substantial reform packages to Canada’s existing intellectual property regime. Following the introduction...more

Virtual Marking for Patented Articles

The AIA introduced many changes to US patent law, including an amendment to 35 USC 287, which is frequently referred to as the “marking” statute. Marking a patented article provides constructive notice to the public of the...more

Inter Partes Review Initial Filings of Paramount Importance: What Is Clear After Two Years of Inter Partes Review Under the AIA

September 16, 2014, marked the two year anniversary since certain provisions of the Leahy-Smith America Invents Act went into effect, including post-grant Inter Partes Review (IPR) proceedings before the Patent Trial and...more

Success Protecting Intellectual Property in the Lifecycle of a Pre-Sales Revenue Biotechnology Venture Destined for IPO

For a drug discovery start-up, patent protection of the intellectual property underlying the commercialization pursuit is critically important. If the company is a university or research institution spin-out that obtained...more

Finally Facing First Inventor to File Issues

It has been over three years since the Leahy-Smith America Invents Act was signed into law by President Obama, and just over eighteen months since the effective date of the first-inventor-to-file changes to 35 USC § 102....more

Patent Office Extends AFCP 2.0 and QPIDS Pilot Programs to September 2015

The United States Patent and Trademark Office (USPTO) just announced it has extended the After Final Consideration Pilot program (AFCP 2.0) and the Quick Path Information Disclosure Statement program (QPIDS), which are now...more

PTAB Exercises Discretion When Rejecting Follow-On Petition Filed More Than One Year After Service of the Complaint with...

The AIA sets a one-year deadline to file a petition for IPR of a patent from the date a complaint for patent infringement is served. 35 U.S.C. § 315(b). There is an exception: the bar does not apply when joining a second...more

Did the USPTO Really Improve the ‘After Final Consideration Pilot’?

On October 1, 2014, the United States Patent and Trademark Office (“USPTO”) announced the After Final Consideration Pilot 2.0 (“AFCP 2.0”) – a program intended to provide new features that will enhance communication between...more

PTAB Update -- A Review of the First Round of Comments -- Part 2

As we have previously reported, the USPTO has been seeking feedback on the PTAB trial proceedings established by the Leahy-Smith America Invents Act. A Federal Register notice from June 27, 2014, contained a "Request for...more

The New Patent Policy on Natural Products Is a Game Changer for Universities and Life Sciences Companies

Since the 19th Century, it has been considered a given that a person who identifies and purifies a useful natural substance is entitled to a patent, so long as the substance had never before existed in pure form. ...more

The Importance of the One-Year AIA Timeline

Rackspace US, Inc. v. Personal Web Techs., LLC - Addressing the one-year time frame for completing inter partes review (IPR) in the context of a stay request, the U.S. Patent and Trademark Office’s (PTO) Patent Trial...more

USPTO to Host America Invents Act Roadshow in Seven Cities Nationwide

The U.S. Patent and Trademark Office announced that it will host seven roadshow events across the country to increase public understanding of the First Inventor to File (FITF) provisions of the America Invents Act. The...more

An Inexpensive Alternative to Patent Litigation

The America Invents Act (AIA), passed in September 2011, provides additional procedures to challenge the validity of patents in the U.S. Patent and Trademark Office (USPTO). These “post grant” procedures are far less...more

Gone but not forgotten…is the archaic ground of prior claiming relevant to “whole of contents” novelty?

This is one of two related articles on aspects of prior claiming. Prior claiming was a ground of invalidity under the Patents Act 1952 (1952 Act). It prevented grant of a patent claiming subject matter already claimed by...more

Patent Trolls Laughing All the Way to the Bank

Invent something, patent it and watch your creative enterprise grow into an empire. That’s what inventors are supposed to do. Some of them still follow the rules. Others do not. Among the more unscrupulous are...more

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