This week, the U.S. Patent and Trademark Office (USPTO) made two announcements of interest to patent holders and practitioners as part of modernization and efficiency efforts...more
Last May, the World Intellectual Property Organization (WIPO) adopted a new treaty related genetic resources and traditional knowledge thereof (the “Treaty”). The Treaty will impose new disclosure requirements on patent...more
1/22/2025
/ Comment Period ,
Disclosure Requirements ,
Genetic Materials ,
Intellectual Property Protection ,
International Trade ,
Patent Applications ,
Patent Law Treaty ,
Patents ,
Tribal Governments ,
USPTO ,
WIPO
In 2024, the Hatch-Waxman Act continued to play a critical role in the U.S. pharmaceutical landscape, driving the dynamics between brand-name drugmakers and generics. This landmark legislation, enacted to encourage innovation...more
1/16/2025
/ Abbreviated New Drug Application (ANDA) ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Hatch-Waxman ,
Life Sciences ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
USPTO
On October 18, 2024, the Federal Circuit issued a precedential decision in UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18, 2024), addressing, in relevant part, the propriety of claim construction at the Rule 12...more
From the U.S. Supreme Court’s perspective, its Mayo and Alice decisions from 2012 and 2014, respectively, are still sufficient to govern patent law’s § 101 analysis. This inference stems in-part of the Supreme Court’s cert...more
The United States Patent and Trademark Office (USPTO) released a Notice on the Federal Register (“the Notice”) today requesting public commentary and input on the current state of the experimental use exception. The USPTO is...more
7/2/2024
/ Agricultural Sector ,
Biden Administration ,
Defense Strategies ,
Disclosure Requirements ,
Executive Orders ,
Experimental Use Exception ,
Federal Register ,
Food and Drug Administration (FDA) ,
Genetic Materials ,
Genetic Testing ,
Patent Applications ,
Patent Infringement ,
Patents ,
Public Comment ,
Safe Harbors ,
TRIPS Agreement ,
USPTO
The World Intellectual Property Organization (WIPO) recently published its annual Madrid Yearly Review, offering a comprehensive overview of the facts, figures, and analyses of the international registration of marks....more
After nearly a quarter of a century, the World Intellectual Property Organization (WIPO) has approved the passage of a new IP treaty: the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional...more
The U.S. Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) on April 19, 2024 aimed at codifying existing Patent Trial and Appeal Board (PTAB) practices while further improving “fairness,...more
The U.S. Patent and Trademark Office and the U.S. Copyright Office recently published the results of their co-study (on the interplay between non-fungible tokens (NFTs) and intellectual property. ...more
3/15/2024
/ Blockchain ,
Copyright ,
Copyright Office ,
Cryptoassets ,
Distributed Ledger Technology (DLT) ,
Information Reports ,
Intellectual Property Protection ,
Non-Fungible Tokens (NFTs) ,
Patents ,
Trademarks ,
USPTO
The United States Patent and Trademark Office (USPTO) recently issued a Notice of Proposed Rulemaking seeking to revise its rules on amendment practice under the America Invents Act (AIA). Specifically, the USPTO is proposing...more
3/8/2024
/ America Invents Act ,
Comment Period ,
Inter Partes Review (IPR) Proceeding ,
Motion to Amend ,
NPRM ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Proposed Rules ,
USPTO ,
USPTO Pilot Program
On February 13, 2024, the USPTO published a Federal Register notice on Inventorship Guidance for Artificial Intelligence (AI)-assisted Inventions ("Guidance") in response to President Biden’s October 2023 Executive Order on...more
On February 6, 2024, the USPTO weighed in with guidance for practitioners using—or considering using—AI in preparing submissions to the USPTO. In essence, Director Kathi Vidal has reminded practitioners that they must sign...more
An August 2023 decision from the Federal Circuit Court of Appeals highlighted potential new fragilities in the patent portfolios of many industry giants, especially those in the pharmaceutical industry....more
1/9/2024
/ Amicus Briefs ,
Congressional Intent ,
Intellectual Property Protection ,
IP Litigation ,
Life Sciences ,
Obviousness ,
Obviousness-Type Double Patenting (ODP) ,
Patent Litigation ,
Patent Portfolios ,
Patents ,
Petition For Rehearing ,
Pharmaceutical Industry ,
Pharmaceutical Patents