News & Analysis as of

United States Trade Secrets Law

The America Invents Act (AIA) changes the traditional calculus in determining whether to seek patenting an invention or to maintain it as a trade secret. This shift in intellectual property protection is the result of two...more

USPTO Seeks Public Input on Application Drafting Practices

The U.S. Patent and Trademark Office published a notice in the Federal Register (78 Fed. Reg. 2960) earlier today requesting public comment regarding potential practices that applicants can employ in the drafting of patent...more

Recent Court Decision Opens Door for Longer Patent Terms

A recent district court decision in the matter of Exelixis, Inc. v. Kappos opens the door for patent owners to extend the lives of their patents. The decision will be especially important for select pharmaceutical, biotech,...more

A Major Change in Patent Term Adjustment Calculus: How "A Valuable Tool in the Patent Prosecution Process" (RCEs) May Now Be Even...

A recent U.S. District Court ruling will likely have far-reaching implications for determining Patent Term Adjustment (PTA). On November 1, 2012, the U.S. District Court for the Eastern District of Virginia issued a decision...more

Short divisional response deadlines ‘temporarily suspended’

In September 2010, IP Australia began employing a case management approach for divisional applications. This case management approach involved: - expediting examination of all divisional applications; and - in...more

Controlling the Playing Field: Nanotechnology Patent Application Makes It to Federal Circuit But Found Obvious

Interesting to see a nanotechnology-related application made the Federal Circuit decisions this week (In re Mouttet, 2011-1451, June 26, 2012). Unfortunately for the applicant, the Court affirmed the US PTO’s determination...more

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