News & Analysis as of

Patents Amended Rules

Ladas & Parry LLP

The EPO Has Announced It Will Cease Its 10 Day Rule

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Communications from the European Patent Office (EPO), which include official actions, were originally sent by registered letter and the rules were written to take this into account and assumed that such communication would...more

Foley & Lardner LLP

USPTO Proposes To Close Gap In Terminal Disclaimer Practice

Foley & Lardner LLP on

The doctrine of obviousness-type double patenting is one of the most complicated and most confounding aspects of U.S. patent law. Although a Terminal Disclaimer can overcome most obviousness-type double patenting rejections,...more

Smart & Biggar

Update on amended Patented Medicines Regulations

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Federal Court decision appealed - Both the applicants and the respondent have appealed the June 29, 2020 decision striking subsection 3(4) of the Regulations Amending the Patented Medicines Regulations (Additional Factors...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Final Rule to Revise PTA Rules in View of Supernus v. Iancu

Last month, the U.S. Patent and Trademark Office published a final rule in the Federal Register (85 Fed. Reg. 36335), in which the Office set forth revisions to the rules of practice concerning Patent Term Adjustment (PTA) in...more

Smart & Biggar

Federal Court strikes price calculation provision of amendments to Patented Medicines Regulations

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UPDATE: On September 10, 2020, the applicants (Innovative Medicines Canada and the company applicants) appealed Justice Manson’s decision (A-215-20). On September 21, 2020, the Attorney General of Canada cross-appealed. As...more

Smart & Biggar

COVID-19 Update: CIPO, Federal Courts, Health Canada

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This article was last updated on July 10, 2020. In view of COVID-19, we have compiled a list of important updates as it relates to the pandemic and its impact on Life Sciences. We will continue to update this page as new...more

Hogan Lovells

Proposed changes to draft patent law further strengthen incentives to bring new drugs to China

Hogan Lovells on

On 6 July, China’s National People’s Congress (NPC) published additional amendments to its draft patent law, which was first released in January 2019. As we reported at that time here, the proposed Chinese Patent Law...more

McDermott Will & Emery

USPTO Proposes New Rules for Post-Grant Proceedings

The United States Patent and Trademark Office (USPTO) proposed changes to the rules of practice for instituting review on all challenged claims or none in inter partes review (IPR), post-grant review (PGR) and the...more

Smart & Biggar

COVID-19 Update: CIPO, Federal Courts, Health Canada

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In view of COVID-19, as of March 31, 2020: Patent, trademark and industrial design deadlines that fall due between March 16 - April 30 are extended until May 1 (see here and FAQs regarding the initial extension)....more

International Lawyers Network

Hong Kong’s Patents (Amendment) Ordinance 2016 (“the Ordinance” or “PAO”) came into force on 19th December 2019 to further improve...

To ensure that Hong Kong’s system continues to meet present-day circumstances and be in alignment with Government’s vision of developing Hong Kong into a regional innovation and technology hub, Hong Kong Government appointed...more

Jones Day

ALJ Severs Investigation for Efficient Adjudication Pursuant to 19 C.F.R. § 210.14(h)

Jones Day on

In a recent decision, ALJ Cheney determined that severance of an investigation was necessary for efficient adjudication of the issues raised in the Complaint. Certain Light-Emitting Diode Products, Systems, and Components...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution - November 2019: Patent Law Amendments in Singapore - Closure of Reliance on the Foreign Examination...

A recent change in Singapore has done away with the ability of an applicant to rely on a positive foreign examination result or the international preliminary report on patentability (IPRP) to request supplementary...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution - November 2019

Recent Changes to the Patent Laws in Singapore and Hong Kong - Autumn appears to be a popular time to amend patent rules/laws as a number of jurisdictions have done so. In addition to formality changes in Canada and India,...more

Smart & Biggar

Updated Canadian Manual of Patent Office Practice explains the “Due Care” standard and more

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On October 30, 2019, amendments to the CanadianPatent Act and Patent Rules will come into force. The amendments, as reviewed in detail in our previous article, are largely geared to implementing the Patent Law Treaty....more

Smart & Biggar

Prior User Rights Under the Recently Amended Canadian Patent Act

Smart & Biggar on

The Budget Implementation Act, 2018, No. 2 brought about several changes to the Patent Act that affect the scope of protection available under Canadian patents, including revision of section 56, concerning rights of prior...more

Ward and Smith, P.A.

A Uniform Standard for Interpreting Claims

Ward and Smith, P.A. on

On October 11, 2018, the United States Patent and Trademark Office ("USPTO'') issued revised rules for claim construction. The rules will take effect on November 13, 2018. The new rules mandate that the claim...more

Sunstein LLP

August 2018 IP Update - Revisions to Bayh-Dole Act Regulations Governing Rights to Federally Funded Inventions

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Rules affecting recipients of federal research and development funding have recently been revised, adding new deadlines and obligations. Changes to the regulations implementing the Bayh-Dole Act went into effect on May 14,...more

Proskauer - New England IP Blog

New Local Patent Rules May Speed Up Patent Litigation In Massachusetts

Massachusetts is home to one of America’s chief innovation hubs. Yet, historically, the District of Massachusetts has seen relatively few patent cases when compared to other high-tech venues around the country. While there...more

Mintz - Intellectual Property Viewpoints

ITC Updates Its Rules of Practice and Procedure To Increase Speed and Efficiency

On Tuesday, May 8, 2018, the International Trade Commission (“ITC” or the “Commission”) published the final changes to its rules of practice and procedure. The Commission stated that the changes are intended to both...more

Knobbe Martens

Recent Development on Patent Eligibility of Method of Treatment Claims

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The United States Patent and Trademark Office (USPTO) recently published a new revision to the Ninth Edition of the Manual of Patent Examining Procedure (MPEP) (Revision 08.2017). This revision added a number of chapters...more

Smart & Biggar

Proposed amendments to the Canadian Patent Rules published for public consultation

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The Government of Canada has opened a public consultation on proposed amendments to the Canadian Patent Rules, running from August 1 to September 8, 2017. The changes relate principally to pending amendments to the Patent...more

Jones Day

USPTO Invites Suggestions for PTAB Procedural Reform Initiative

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The Patent Office has announced an initiative to make procedural reforms in an effort to improve PTAB trial proceedings, particularly inter partes review proceedings...more

Farella Braun + Martel LLP

The Northern District of California Seeks to Bring More Clarity to Damages with its Latest Revised Patent Local Rules

On January 17, the Northern District of California approved the latest amendments to its Patent Local Rules, which became effective immediately. Traditionally seen as a thought leader on organizing and structuring patent...more

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