Patents Patent Applications

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Patent Office Provides New Option for Addressing Final Rejections

The U.S. Patent and Trademark Office (USPTO) recently initiated a Post-Prosecution Pilot Program (P3) to enhance prosecution during the time period after a final rejection and prior to the filing of a notice of appeal....more

Revenge of the Present Invention

Patentees suing alleged infringers have learned from a long history of federal district court and Federal Circuit rulings that (paraphrasing the Miranda warning given to criminal suspects) “anything you say [in the patent or...more

USPTO offers a new tool for responding to Final Office Actions – Post-Prosecution Pilot (P3) Program

On July 11, 2016, the United States Patent and Trademark Office (USPTO) introduced a new program, the Post-Prosecution Pilot (P3) Program, for responding to a Final office action rejection in a patent application. The goal of...more

USPTO Implements Pilot Program to Support President's National Cancer Moonshot

Last month, the U.S. Patent and Trademark Office published a notice in the Federal Register (81 Fed. Reg. 42328) regarding the implementation of a new pilot program that will provide for earlier review of patent applications...more

Patent Office Institutes Post-Prosecution Patent Program

The United States Patent and Trademark Office’s new pilot program provides patent applicants with a valuable tool to efficiently and inexpensively advance prosecution after a final office action. The Patent Office...more

Social Links: Appeals court opinions show reach of anti-hacking law; a virtual reality sickness cure; intrigue at Vine

The UK wants to use the blockchain to track the spending of welfare recipients. Some believe that a recent Ninth Circuit holding could turn sharing passwords into a federal crime under the Computer Fraud and Abuse Act....more

Patent Office Adds Another After Final Option for Applicants – P3

This week, the United States Patent and Trademark Office (USPTO) announced1 the Post-Prosecution Pilot Program (“P3”) for applicants to respond to a final rejection in a utility patent application. Under the P3, an applicant...more

Teaming Up to Cure Cancer "Patents 4 Patients" – Fast Track Review

The United States Patent and Trademark Office “USPTO” is launching the “Patents 4 Patients” initiative, which will provide an accelerated review for methods of cancer treatments. Effective on June 29, 2016 the new “Cancer...more

PTO Cancer Immunotherapy Fast Track

In response to President Obama’s National Cancer Moonshot initiative to eliminate cancer, the USPTO has launched the “Cancer Immunotherapy Pilot Program.” The Pilot Program provides an accelerated review for applications...more

En Banc: Federal Circuit Provides Guidance on Application of On-Sale Bar to Contract Manufacturers

Pharmaceutical and biotech companies breathed a sigh of relief Monday when the Federal Circuit unanimously ruled in a precedential opinion that the mere sale of manufacturing services to create embodiments of a patented...more

What Type of Sale Constitutes an On-Sale Bar?

An invention cannot be patented if it was ready for patenting and was subject to a commercial offer for sale more than one year before the application was filed. This so-called “on-sale bar” can also be used to invalidate a...more

Federal Circuit Finds That Use of a Contract Manufacturer Does Not Trigger the On-Sale Bar Provision

The court’s decision provides insight into which activities trigger the on-sale bar provision. On July 11, in The Medicines Co. v. Hospira, Inc., No. 14-1469 (Fed. Cir. July 11, 2016), the U.S. Court of Appeals for the...more

Federal Circuit Limits On-Sale Bar’s Reach

If you were concerned that outsourcing the manufacture of your invention before you filed your patent application triggered a "sale" that could put your patent at risk, you can rest easy. In The Medicines Company v....more

Federal Circuit Defines Commercial Sale For ‘On-Sale’ Bar

Unanimous en banc Federal Circuit holds that on-sale bar only applies where a commercial sale “bears the general hallmarks of a sale.” On July 11, in a unanimous en banc ruling, the full US Court of Appeals for the...more

USPTO Creates New Alternative For Responding to Final Rejections

The new Post-Prosecution Pilot ("P3") program provides a pathway for patent applicants to make an in-person presentation to a panel of patent examiners as an alternative to existing options for responding to final rejections....more

New After-Final Pilot Prosecution Program Allows Enhanced Patent Practice

Effective July 12, 2016, the PTO is initiating a Post-Prosecution Pilot Program (P3) to test its impact on enhancing patent practice during the period subsequent to a final rejection and prior to the filing of a notice of...more

New USPTO P3 Program Offers Applicant Participation In After Final Conference

The USPTO has launched a new after final program available starting July 11, 2016. The Post-Prosecution Pilot Program (P3) combines features of the After Final Consideration Pilot 2.0 (AFCP 2.0) and Pre-Appeal Brief...more

USPTO Post-Prosecution Pilot Program Launches

The Post-Prosecution Pilot Program (P3) launched at the USPTO Monday, combining features of the AFCP 2.0 and Pre-Appeal Brief Conference Pilot programs, with the notable addition of Applicant participation in the...more

It Ain’t Over ‘Till It’s Over

It seems that the majority of patent applications, including those that eventually issue as patents, face a “final” rejection at some point. “Final” does not not always mean final, however, and there are at least eight...more

Brexit: European Patent Applications, Unitary Patents and the Unified Patent Court System

The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

“Patents 4 Patients”: A New Cancer Immunotherapy “Fast Track” for U.S. Patent Applicants

In connection with the White House Cancer Moonshot Initiative, the United States Patent and Trademark Office (“USPTO”) announced on June 29 that it is “Teaming Up to Cure Cancer” by establishing a new accelerated process for...more

Plausibility vs. Enablement

U.S. Patent No. 8,330,305 covers protecting devices from impact damage. The patent claims detecting that the portable device will impact a surface, and, if the risk of damage to the portable device from the impact exceeds a...more

USPTO will “Fast Track” Cancer Immunotherapy Applications

On June 29, 2016, Director Lee promulgated rules to implement a one-year pilot program to effectively grant “Fast Track” status to applications with at least one claim to treating cancer using immunotherapy. (A copy of this...more

Pitfalls When Refiling a Priority Application under Article 4 of the Paris Convention

Patent applicants who have filed a priority application (such as a U.S. Provisional application) may wish to abandon and then refile that priority application to extend the time available for filing a utility application. ...more

Brexit Impact on Intellectual Property Rights to Be Known Only After UK Exit Terms Finalized

Although the United Kingdom (UK) vote to leave the European Union (EU) will ultimately impact intellectual property (IP) rights in both territories, the UK remains a member of the EU until the exit terms are formalized, so...more

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