Patents, Paris Convention

Where were biologics-related patents involved in BPCIA litigation invented?

Goodwin on 3/7/2025

Inventions made in a particular country are generally first-filed in that country before entering the United States via a direct Paris Convention filing or, more commonly, a PCT national stage entry. Convenience, national...more

Mastering the Recipe of Food Technology Intellectual Property

Rothwell, Figg, Ernst & Manbeck, P.C. on 12/15/2023

Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more

EPO Enlarged Board of Appeal Raises Bar for Challenging Priority Claims at the EPO

Fish & Richardson on 11/2/2023

Challenges to the validity of the “Patent Cooperation Treaty joint applicant” have been a problem for many applicants at the European Patent Office. On October 10, 2023, the EPO’s highest authority, the Enlarged Board of...more

Does Your Invention Need a Passport?

McCarter & English, LLP on 6/9/2023

Your patent is finally filed in the United States Patent and Trademark Office (or the office of your local country). Then you remember your attorney saying something about patents being jurisdictional, whatever that means…....more

Broad Institute Loses Appeal in European Patent Office, Patents Remain Revoked

McDonnell Boehnen Hulbert & Berghoff LLP on 12/9/2020

Earlier this year, and almost one year to the day (January 17, 2019) that the Opposition Division (OD) of the European Patent Office revoked in its entirety European Patent No. EP 2771468, the Technical Board of Appeal...more

Intellectual Property Protection Strategies for Successful Business in the US and Canada

Knobbe Martens on 3/10/2020

Imagine that you are a founder of a revolutionary technology startup in Canada. Your company is about to release its blockbuster product that will disrupt the entire industry and catapult your company to fame and...more

Patent Litigation: Dutch Court of Appeal guidance on formal entitlement to priority

Hogan Lovells on 8/16/2019

On 30 July, the Court of Appeal of The Hague ruled on the formal entitlement to priority following from a US provisional patent application. The attack on priority in this case is part of a recent trend by parties in patent...more

International IP Expansion Considerations

Nutter McClennen & Fish LLP on 8/14/2019

Businesses must balance the desire for intellectual property protection throughout the world with budget management goals. There is no “one size fits all” approach for achieving that balance, but there are certain...more

Worldwide Divisional Strategy Considerations

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 1/24/2018

Dividing a single patent application into multiple patents is often essential for deriving maximum economic benefit from the disclosed inventions. When an applicant wants to protect multiple inventions disclosed in a single...more

Antidote to Toxic Divisionals—European Patent Office Rules on Partial Priorities

Jones Day on 3/16/2017

Beginning in 2009, the Boards of Appeal of the European Patent Office ("EPO") issued a series of decisions that essentially created a new priority law in Europe that allowed members of the same patent family to negate each...more

Understanding the similarities and differences between priority claims in Canada and the U.S.

Smart & Biggar on 3/1/2017

A valid priority claim can allow a patent application to benefit from the filing date of an earlier patent application so as to exclude certain prior art from consideration. The recent decision of the U.S. Federal Circuit in...more

Intellectual Property Bulletin - Summer 2016

Fenwick & West LLP on 8/19/2016

Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’ - In Halo Electronics, Inc. v. Pulse Electronics, Inc., the U.S. Supreme Court...more

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

Mintz - Intellectual Property Viewpoints on 6/30/2016

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

Patents are of National Origin

Ladas & Parry LLP on 7/15/2014

Patents are Obtained Country by Country - All intellectual property professionals are aware that patents are issued, as a general rule, country by country. However, some inventors are under the misimpression that once...more

Patents › Paris Convention

"My best business intelligence, in one easy email…"