News & Analysis as of

Filing Deadlines Patents

McDonnell Boehnen Hulbert & Berghoff LLP

Rethinking In re Cellect and Its Consequences

The Federal Circuit's In re Cellect decision has caused a great deal of commentary and proposals to avoid its consequences, including changing prosecution strategies and filing prospective, precautionary terminal disclaimers...more

Goodwin

Issue 40: PTAB Trial Tracker

Goodwin on

Precedential Opinion Addresses Conclusory Expert Declarations - In a precedential opinion in Xerox Corp. v. Bytemark, Inc., IPR2022-00624, Paper 9 (P.T.A.B. Aug. 24, 2022), the Board denied institution of an inter partes...more

McDermott Will & Emery

PTO Adds Green Energy Category to Patents for Humanity Program

McDermott Will & Emery on

On March 6, 2023, the US Patent & Trademark Office (PTO) introduced a new green energy category to its Patents for Humanity Program. This new award category provides business incentives for patent applicants, holders and...more

BakerHostetler

U.S. Electronic Patent Grants and the Effect on the Timing of Filing Continuation and Divisional Patent Applications

BakerHostetler on

On April 18, 2023, the U.S. Patent and Trademark Office (PTO) will begin moving away from issuing paper patents and will begin issuing patents electronically as electronic patent grants (eGrants). In addition to reducing...more

Foley & Lardner LLP

What’s the Standard? Strategies for Protecting Standard Essential Patents

Foley & Lardner LLP on

There has been much discussion as of late on “essential patents” or “standard-essential patents” (SEPs). Broadly speaking, SEPs are a particular type of patent having claims which cover an aspect or feature adopted by a...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Issues Notice Regarding Certain Filing Receipts Issued Between March and October 2022

Last week, the U.S. Patent and Trademark Office issued a Notice advising Applicants to review filing receipts issued between March 2022 and mid-October 2022 to confirm that the granted foreign filing license notification has...more

Womble Bond Dickinson

Delaware Judge Enforces Patent Case Disclosure Requirements

Womble Bond Dickinson on

​​​​​​​The District of Delaware has recently instituted several requirements in patent cases, many in response to the overwhelming caseload in part due to a judicial vacancy. In addition to the specific patent standing orders...more

Womble Bond Dickinson

Russian Sanctions Create Patent Risks

Womble Bond Dickinson on

While multi-national sanctions recently imposed on Russia were intended to punish Russia for its aggression in Ukraine, the effects of the sanctions have led to a need for tough decisions for U.S. entities with patent...more

Foley & Lardner LLP

Amendment to China Patent Law Offer PTA, PTE and Patent Linkage

Foley & Lardner LLP on

Patent term adjustment (PTA), patent term extension (PTE), and patent linkage were made available in China as of June 1, 2021. While there are certain rules to be finalized and settled, it is advisable that patentees and drug...more

Smart & Biggar

Federal Court upholds Health Canada’s strict interpretation of patent listing deadline for KEYTRUDA formulation patent

Smart & Biggar on

Update: Merck’s appeal was dismissed. The Federal Court recently dismissed Merck’s application for judicial review of Health Canada’s refusal to add Canadian Patent No. 2,830,806 (806 Patent) to the Patent Register, holding...more

McDonnell Boehnen Hulbert & Berghoff LLP

Time Periods in Toolgen Interferences Extended by Party Stipulation

The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) has issued a notice of extension of certain deadlines by party stipulation in the two interferences involving ToolGen Inc. as Senior Party (No. 106,126...more

Downs Rachlin Martin PLLC

Are Patent and Trademark Deadlines Extended Due To COVID-19? (Updated)

As the COVID-19 pandemic progresses, patent offices worldwide are taking steps to minimize negative impacts that patent and trademark filers may suffer....more

Smart & Biggar

COVID-19 Update: Further extension of Canadian Intellectual Property Office deadlines to August 31, 2020

Smart & Biggar on

We recently reported that, in view of the ongoing COVID-19 disruption, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark, and industrial design deadlines until Monday August 24, 2020, and...more

Smart & Biggar

COVID-19 Update: Final extension of Canadian Intellectual Property Office deadlines to August 24, 2020

Smart & Biggar on

In view of the ongoing COVID-19 disruption, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark, and industrial design deadlines fixed under the relevant legislation. Deadlines through...more

Downs Rachlin Martin PLLC

Are Patent and Trademark Deadlines Extended Due To COVID-19? (Updated)

As the COVID-19 pandemic progresses, patent offices worldwide are taking steps to minimize negative impacts that patent and trademark filers may suffer....more

American Conference Institute (ACI)

[Virtual Event] Paragraph IV on Virtual Trial - COVID-19 Edition - August 20th, 8:45 am - 6:00 pm EDT

Join us for a one-day virtual event for Counsel for Hatch-Waxman Litigators. While COVID-19 prevented us from meeting in person this April in NYC, we are pleased to announce a special one-day virtual event Paragraph IV on...more

Smart & Biggar

COVID-19 Update: Canadian Intellectual Property Office deadlines extended until August 10, 2020

Smart & Biggar on

In view of the ongoing COVID-19 disruption, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark, and industrial design deadlines fixed under the relevant legislation....more

Downs Rachlin Martin PLLC

Are Patent and Trademark Deadlines Extended Due To COVID-19? (Updated)

As the COVID-19 pandemic progresses, patent offices worldwide are taking steps to minimize negative impacts that patent and trademark filers may suffer. Many offices have asked their employees to work from home,...more

Smart & Biggar

COVID-19 Update: CIPO, Federal Courts, Health Canada

Smart & Biggar on

This article was last updated on July 10, 2020. In view of COVID-19, we have compiled a list of important updates as it relates to the pandemic and its impact on Life Sciences. We will continue to update this page as new...more

Dorsey & Whitney LLP

Fighting COVID-19 by Accelerating the Patent and Trademark Examination Process

Dorsey & Whitney LLP on

Two exciting new programs launched by the U.S. Patent and Trademark Office (USPTO) are poised to accelerate IP protection for COVID-19 related products. Due to medical device shortages and the constant question of when (and...more

McDermott Will & Emery

PTO Extends Time for Small and Micro Entities to Pay Certain Fees

Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the US Patent and Trademark Office (PTO) extended the time for small and micro entities to make certain fee payments until September 30, 2020. Also...more

Chambliss, Bahner & Stophel, P.C.

Prioritized Examination: A Fast Track to Patent Protection

In general, the maximum term of protection for an invention in the U.S. under a utility patent is 20 years less than the period of patent pendency. This term begins to run on the day the patent issues and ends 20 years after...more

Neal, Gerber & Eisenberg LLP

USPTO Offers Updated Relief for Certain Patent-Related Filing or Payment Deadlines

From March to June of 2020, the United States Patent and Trademark Office (“USPTO”) responded to the COVID-19 outbreak by offering various forms of relief to stakeholders.  The widest ranging of these relief efforts was...more

Lathrop GPM

USPTO Announces Further Extensions of Patent Deadlines

Lathrop GPM on

Recognizing the continued impact of the COVID-19 pandemic on many applicants and inventors, on June 29, 2020, the USPTO announced further extensions for small and micro entities to pay certain patent-related fees. In effect,...more

Kilpatrick

U.S. Patent and Trademark Office Again Extends Certain Deadlines to September 29, But Still Only For Some.

Kilpatrick on

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

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