United States courts have recently tightened the written description requirements for antibody claims. The scope of issued claims is now often limited to antibodies with specific sequences of the CDR and the heavy chain and...more
Last week, the Supreme Court granted Amgen’s petition for certiorari to reconsider the enablement requirement for genus claims. The Supreme Court will review whether the Federal Circuit panel in Amgen v. Sanofi improperly...more
Kilpatrick Townsend Partners Andrew Serafini and Patrick Njeim recently joined other thought leaders as featured speakers for the IP Symposium: Current Perspectives Around the Convergence of Life Sciences and IT. The event...more
The Life Science Washington Institute recently celebrated World IP Day 2022 by sponsoring the “IP Symposium: Current Perspectives Around the Convergence of Life Sciences and IT.” Kilpatrick Townsend partners Andrew Serafini...more
Inventions with numerical ranges are valuable across different technologies. Obtaining claims with numerical ranges provide competitive advantages to patent owners. Frequently, a claimed range in an application may need to be...more
“A written description . . . requires a statement of an invention, not an invitation to go on a hunting expedition to patch together after the fact a synthetic definition of an invention.” For claims reciting ranges,...more
As we reported earlier this year, Amgen filed a petition for rehearing en banc to the Federal Circuit, arguing that the panel in Amgen v. Sanofi improperly created a new and heightened test for enablement of genus claims with...more
On August 16, 2021, the Federal Circuit handed down two rulings related to patents issued to Teva, which involve therapeutic antibodies targeting a calcitonin gene-related peptide (“CGRP”). In both cases, the Federal Circuit...more
Many of today’s top-selling drugs worldwide are therapeutic antibodies thus antibody-related inventions can be extremely valuable. Developing antibody therapeutics requires significant resources and time, so it is paramount...more
Intellectual Property counsel often face the dilemma of when to file a patent application: as soon as possible, or wait and gather more support? Filing an application “early” helps to avoid anticipatory prior art but if the...more
The United States Patent and Trademark Office (USPTO) announced a new COVID-19 Provisional Application Pilot Program (PAPP) on Wednesday, September 16, 2020. The USPTO will defer the provisional application filing fees for up...more
Section 12004 of the CARES Act allows the director of the United States Patent & Trademark Office (USPTO) (under certain conditions) to provide temporary relief from certain USPTO filing deadlines and fees. ...more
We previously published an alert that the European Patent Office (EPO), had issued a Notice that extended the times to file papers that could not be filed due to disruptions caused by the COVID-19 pandemic. The EPO extended...more
Section 12004 of the CARES Act allows the director of the United States Patent & Trademark Office (USPTO) (under certain conditions) to provide temporary relief from certain USPTO filing deadlines and fees....more
UPDATED: MAY 13, 2020: Although the USPTO Notice published on May 8, 2020, the Federal Register Notice, upon which the PEPP program is effective, will publish tomorrow, May 14, 2020 (and will be accessible here). The USPTO...more
We previously published an alert that the European Patent Office (EPO), the European Union Intellectual Property Office (EUIPO) and United States Patent and Trademark Office (USPTO) had issued Notices that extended the times...more
Section 12004 of the CARES Act allows the director of the United States Patent & Trademark Office (USPTO) (under certain conditions) to provide temporary relief from certain USPTO filing deadlines and fees. ...more
We previously published an alert that the European Patent Office (EPO), the European Union Intellectual Property Office (EUIPO) and United States Patent and Trademark Office (USPTO) had issued Notices that extended the times...more
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), enacted last week, contains several provisions which are intended to provide resources and assistance for a number of businesses impacted by the current...more
The European Patent Office (EPO), the European Union Intellectual Property Office (EUIPO) and the United State Patent and Trademark Office (USPTO) have each announced some relaxation of certain rules and procedures to...more
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