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Patents Public Comment

Jones Day

USPTO Issues New Guidance for Inventions Assisted by Artificial Intelligence: Human Contribution Is Key

Jones Day on

The Background: In response to the Biden administration's "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" on October 30, 2023, the U.S. Patent and Trademark Office...more

Foley Hoag LLP

PTO Provides Guidance on Inventions Created with Help from Artificial Intelligence

Foley Hoag LLP on

On February 13, 2024, the USPTO (PTO) published its guidance for inventions made with the assistance of artificial intelligence (AI). The PTO published the guidance in response to the directive it received in the Executive...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Biden Administration Proposes Framework for Exercising Bayh-Dole March-in Rights to Control Drug Pricing

The Biden-Harris Administration recently announced various actions to lower healthcare and prescription drug costs. In one action, the National Institute of Standards and Technology (NIST) released in December 2023 a draft...more

McDermott Will & Emery

Biden Administration Proposes New Framework for Exercising March-In Rights on Government-Funded Inventions; Drug Pricing May Be...

McDermott Will & Emery on

Under the University and Small Business Patent Procedures Act of 1980 (35 U.S.C. §§ 200-212), commonly referred to as the Bayh-Dole Act, the federal government can exercise “march-in” authority in certain circumstances to...more

Goodwin

Federal Government Releases Proposed Guidance for Exercising “March-In” Rights Under the Bayh-Dole Act: Implications for...

Goodwin on

On December 8, 2023, the National Institute of Standards and Technology (NIST) published a draft guidance document regarding the government’s exercise of “march-in” rights under the Bayh-Dole Act. The Bayh-Dole march-in...more

Kidon IP

Response to the USPTO, The ITA, and NIST call for Public Comments on Standards, Part 1 of 7

Kidon IP on

On November 6, 2023 I submitted a response to the public comments which can be found here. I have also included my comments in full on this blog in a series of posts including the below. The only change in my submission is...more

International Lawyers Network

India publishes draft amendments to Patent Rules for public comment

The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has recently published a set of draft amendments (“Draft Rules”) to the Indian Patent Rules, 2003. The amendments are...more

Jones Day

USPTO Provides Insight on AMPRM Proposals

Jones Day on

The USPTO issued an advance notice of proposed rules (“ANPRM”) on April 21, 2023 and is requesting comments and feedback from practitioners on proposed, proposed changes at the PTAB. The full ANPRM document is available on...more

McDermott Will & Emery

PTO Requests Comments on Revisions to AIA Trial Proceedings

McDermott Will & Emery on

On April 21, 2023, the US Patent & Trademark Office (PTO) announced that it is seeking public input on proposed modifications to the rules of practice for inter partes reviews (IPRs) and post grant reviews (PGRs) before the...more

Rothwell, Figg, Ernst & Manbeck, P.C.

The Future Of Artificial Intelligence and Inventorship: The USPTO Is Requesting Your Opinion

As the capabilities of Artificial Intelligence (AI) develop, the United States Patent and Trademark Office (USPTO) continues to grapple with a key question: Can an AI be an inventor? On February 14, 2023, the USPTO...more

WilmerHale

PTAB/USPTO Update - February 2023

WilmerHale on

USPTO News - On January 18, the USPTO announced the launch of the IP Identifier tool, which is designed to enable users who are less familiar with intellectual property to identify whether they have adequate protections...more

Skadden, Arps, Slate, Meagher & Flom LLP

USPTO and US Copyright Office To Conduct a Joint Study on Intellectual Property Law and Policy Issues Related to NFTs

On November 23, 2022, the U.S. Patent and Trademark Office (USPTO) and the U.S. Copyright Office issued a Federal Register Notice (Notice) announcing the offices’ joint study of intellectual property (IP) issues related to...more

McDermott Will & Emery

PTO and Copyright Office Seek Public Comments on Non-Fungible Tokens

McDermott Will & Emery on

On November 23, 2022, the US Patent & Trademark Office and the US Copyright Office announced that they are seeking public input on intellectual property (IP) considerations related to non-fungible tokens (NFTs)...more

Goodwin

Request for Comments on USPTO-FDA Collaboration Initiatives to Promote Generic Drug and Biosimilar Competition

Goodwin on

​​​​​​​On November 7, the U.S. Patent and Trademark Office (USPTO) published a request for comments on areas for USPTO-FDA collaboration and engagement. The USPTO also announced a related public listening session to be held...more

WilmerHale

PTAB/USPTO Update - November 2022

WilmerHale on

USPTO News - ..On October 19, 2022 the USPTO issued a report titled “Where are U.S. women patentees? Assessing three decades of growth” examining trends in women’s patenting in the U.S. from 1990-2019. ..Director...more

Foley & Lardner LLP

USPTO Ideas For Bolstering Robustness And Reliability Of Patents Demand Attention And Stakeholder Input

Foley & Lardner LLP on

The USPTO has issued a Federal Register Notice soliciting comments on “proposed initiatives directed at bolstering the robustness and reliability of patents to incentivize and protect new and nonobvious inventions while...more

Venable LLP

Senators Target Patent Continuations and "Patent Thickets," Especially for Pharmaceuticals

Venable LLP on

In a letter dated June 8, 2022 to Kathi Vidal, director of the USPTO, a group of senators led by Patrick Leahy voiced concern over filings of multiple continuation applications, which, according to the letter, result in the...more

Smart & Biggar

New PMPRB regulations registered, in force July 1, 2022, interim approach to pricing announced

Smart & Biggar on

As previously announced, the amended Patented Medicines Regulations will be coming into force on July 1, 2022 in substantially revised form. As we previously reported, the new basket of countries for Patented Medicine Prices...more

Kidon IP

Response to the US Department of Justice call for Public Comments on SEPs Part 2 of 6

Kidon IP on

I. Background for The Withdrawal from the 2013 Policy Statement - In December 2018, former Assistant Attorney General for Antitrust Makan Delrahim announced DOJ’s withdrawal from the 2013 Statement....more

Smart & Biggar

New year, new patent rules for excess claim fees and continued examination in Canada

Smart & Biggar on

Consider requesting examination of your Canadian patent applications now to avoid potential fees - Last summer, the Government of Canada issued draft regulations introducing claim fees and a continued examination scheme for...more

Smart & Biggar

Proposed amendments to the Patented Medicines (Notice of Compliance) Regulations would expand definition of “claim for the...

Smart & Biggar on

Update: Health Canada’s “Forward Regulatory Plan: 2023-2025” no longer lists the 2019 proposed amendments to the Food and Drug Regulations, “Regulations amending the Food and Drug Regulations (Improving Access to Generic...more

Goodwin

Changes To March-In Rights Under Bayh-Dole And More?

Goodwin on

Since its enactment in 1980, the Bayh-Dole Act has been credited with promoting the development of over 10,000 startup companies and at least 200 pharmaceutical drugs and vaccines, while contributing more than $500 billion...more

WilmerHale

USPTO/PTAB Update - February 2021

WilmerHale on

USPTO Director Andrei Iancu and Deputy Director Laura Peter resigned from their respective posts prior to inauguration day. Commissioner for Patents Drew Hirschfeld and Senior Counsel Coke Morgan Stewart are temporarily...more

Smart & Biggar

PMPRB proposes to modify Guidelines definition of "gap medicine" to include medicines sold by July 1, 2021

Smart & Biggar on

Update: See our March 30, 2021 article, which reports the outcome of the consultation, and our April 29, 2021 article reporting an update to compliance timelines for Grandfathered and Gap medicines. Further updates, including...more

Morgan Lewis

USPTO Seeks Public Input on Design Patent Protection for Digital Designs Displayed Outside Screens

Morgan Lewis on

The US Patent and Trademark Office has issued a request for public comment seeking the public’s input on whether design patent protection should extend to digital designs that encompass new and emerging technologies, such as...more

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Updated: Dec 28, 2021:

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Privacy Officer
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150 Harbor Drive, #2760
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Privacy Officer
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150 Harbor Drive, #2760
Sausalito, CA 94965

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