Prior Art Inventions

News & Analysis as of

Simultaneous Invention as Secondary Evidence of Obviousness

I do not usually write about non-precedential Federal Circuit decisions, but I could not let the discussion of “simultaneous invention” in Columbia University v. Illumina, Inc., go without comment. As if protecting patents...more

Have the Courts lowered the bar on inventive step?

Implications - A number of key points arising from the recent AstraZeneca AB v Apotex Pty Ltd [2014] FCAFC 99 decision have broad implications for the assessment of invention step under the Patents Act (1990). -...more

Galderma Laboratories, L.P. v. Tolmar, Inc. (Fed. Cir. 2013)

When does a prior art disclosure of a concentration range of a medicament render obvious the use of a species that falls within that range, when that same use was also known in the prior art? After all, common sense should...more

The First-to-File Patent System is Coming - Optimize Your System Now

On March 16, 2013, the "first-to-file" provisions of the America Invents Act ("AIA"), will take effect, replacing the current first-to-invent system. Here we provide specific recommendations to optimize protection of your...more

Are You Ready for First-to-File Patent Priority?

Patent attorneys are expecting a flurry of patent filing activity by March 15, 2013. This is because under the American Invents Act, U.S. Patent Laws will change on March 16, 2013 and the U.S. will convert to a first-to-file...more

What the First-to-File Patent Change Means (And What IP Strategists Should Do About It) [Video]

On March 16, 2013, the United States patent system will change fundamentally when we switch from a "First to Invent" to "First to File" system, thanks to the America Invents Act. What will it mean for businesses and...more

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