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McDermott Will & Emery

Federal Circuit Signals Deference to Inventors in Determining Readiness for Patenting, Experimental Use

Addressing pre-America Invents Act (AIA) 35 USC § 102(b), the US Court of Appeals for the Federal Circuit held that the public-use and on-sale bars did not apply to the claimed surgical method because pre-critical-date...more

Dechert LLP

Surgeries Conducted More Than a Year Before Patenting Found Not to Bar Patent on Surgical Method

Dechert LLP on

In an important decision impacting life sciences patentees, a divided panel of the Federal Circuit in Barry v. Medtronic, Inc., Appeal No. 2017-2463 (Fed. Cir. January 24, 2019), affirmed a jury’s finding that a doctor was...more

Dentons

Intellectual property in Medicine: Patent Law Basics

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For physicians considering patents, there are some initial issues to address and then a comprehensive patent strategy to develop before going down the path toward filing an application. Once your patent strategy is in place,...more

Dentons

Intellectual Property in Medicine: Initial Considerations

Dentons on

Physicians are well-positioned to generate new inventions and thereby improve the treatment of their patients. As a result, physicians have historically been some of the best and most active inventors in the United States. ...more

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