News & Analysis as of

Research and Development Patents

Jones Day

Blurring the Line Between the Dry and Wet Lab: Joint Inventorship in AI-Assisted Life Science Inventions

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In 2024, not one but two Nobel Prizes (in Chemistry and Physics) were awarded to researchers for their work in artificial intelligence ("AI"). Particularly noteworthy for the life science community is the Nobel Prize in...more

Snell & Wilmer

NIH Cuts and Potential Impacts on Intellectual Property

Snell & Wilmer on

On January 27th, the Trump administration issued an order (the January 27th order) freezing all federal grants and loans, which would have cut billions of dollars of federal funding, largely to research universities....more

Orrick, Herrington & Sutcliffe LLP

Startup e Innovazione: le novità per il 2025

La legge 16 dicembre 2024, n.193 introduce significative modifiche normative che riguardano le startup innovative, gli incubatori certificati e gli investimenti nel settore delle nuove imprese tecnologiche. Queste...more

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

Continued Investment in AI Drug Discovery Points to Potential Future Significance of Inventorship in Biosimilar Litigation

On December 3, 2024, Bristol Myers Squibb announced a collaboration agreement with three-year-old startup AI Proteins. According to its founder, Chris Bahl, PhD, AI Proteins uses “AI, synthetic biology, and laboratory...more

Fenwick & West LLP

What is the IP Risk Profile in AI Drug Discovery?

Fenwick & West LLP on

The scientific benefits and legal risks of AI-driven drug discovery are consequential. But recent IP law decisions allude to a general concept that IP rights will not be awarded if AI completely or significantly replaces...more

Mintz - Tax Viewpoints

Canada’s Fall Economic Statement: A Silver Lining for Innovators Amidst the Chaos

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On a day where the only thing Canadians could talk about was the resignation of the then finance minister on the date of the delivery of the government’s 2024 Fall Economic Statement (FES 2024) and the chaos that ensued, some...more

Goodwin

Four Steps to Maximize AI Innovation in Medtech

Goodwin on

Investment in artificial intelligence (AI) is rising fast. The International Data Corporation projects global spending on AI R&D will reach $632 billion by 2028, more than twice the expected total for 2024....more

Foley & Lardner LLP

Using Global Patent Trends in Smart Manufacturing to Develop an Informed and Effective IP Strategy 

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In today’s global economy, product research and development (R&D) has historically been concentrated in the U.S. and China. However, these efforts are beginning to decentralize and spread into new regions, such as Japan and...more

McDermott Will & Emery

Preliminary Injunction Upheld in Cancer Relapse Detection Case

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed the grant of a preliminary injunction (PI) in the biopharmaceutical space, concluding that the plaintiff satisfied the requirements for injunctive relief, including...more

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

This Summer in Artificial Intelligence: Newly Released USPTO Guidance and Exemplary Worldwide Inventorship Updates

The United States Patent and Trademark Office (USPTO) recently published new guidance on subject-matter eligibility as related to Artificial Intelligence (AI), opening a written comment window to respond with a deadline of...more

MoFo Life Sciences

USPTO Seeks Input On Experimental Use Exception To Patent Infringement And Possible Legislative Action

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On June 28, 2024, the United States Patent and Trademark Office (USPTO) issued a Notice requesting public comments on the current state of the common law experimental use exception to patent infringement and whether Congress...more

Fenwick & West LLP

Balancing AI-Powered Drug Discovery’s Risk and Reward

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AI is shaving years off the drug-discovery process. But it’s not just leaving other research modalities in the dust—the law itself is struggling to keep up, especially when it comes to patenting AI-aided drug discovery....more

Pillsbury Winthrop Shaw Pittman LLP

Stretching the Limits: Clarifying the Scope of the Domestic Industry Requirement

Complainants should allocate their investments on a patent-by-patent basis, or, at a minimum, ensure that any aggregate investment is allocated by proper product groupings....more

Fenwick & West LLP

How to Maximize Your AI-Assisted Invention’s Patentability

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Artificial intelligence is rapidly reinventing the research and development process, but until recently, patentability remained a major uncertainty. That’s until the United States Patent and Trademark Office stepped in and...more

Health Care Compliance Association (HCCA)

In This Month’s E-News: March 2024

The Association of American Universities (AAU) and the Council on Governmental Relations (COGR) are among a handful of groups “urging the Biden administration to rescind a policy proposal that would threaten the American...more

McDermott Will & Emery

R&D Expenditures Need Only Relate to Subset of Domestic Industry Product

Addressing a decision by the US International Trade Commission finding a violation of Section 337 based on importation of certain TV products, the US Court of Appeals for the Federal Circuit agreed that the patent holder had...more

ArentFox Schiff

Shaping the Future of Higher Education: R2D2 or HAL 9000

ArentFox Schiff on

For better or worse, generative artificial intelligence (GenAI) is already transforming the way we live and work. Within two months of its initial release to the public, ChatGPT reached 100 million monthly active users,...more

Seyfarth Shaw LLP

Pill Politics: Unveiling Biden’s Bold Blueprint for Affordable Drugs

Seyfarth Shaw LLP on

On December 7, 2023, the Biden administration announced a blueprint for a framework that may be a tough pill to swallow for the pharmaceutical industry. This framework suggests that drug prices should be a crucial factor in...more

Lowenstein Sandler LLP

USPTO Introduces Pilot Program For Expedited Review of Semiconductor Manufacturing-Related Patent Applications

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On December 1, the United States Patent and Trademark Office (USPTO) announced that it is implementing the Semiconductor Technology Pilot Program, effective immediately, to incentivize intellectual property protection for...more

Axinn, Veltrop & Harkrider LLP

HHS to Go a March-In'

Following years of discussion and pressure being applied by certain policymakers (including Senate HELP Committee Chair Bernie Sanders), the Biden Administration announced that a framework is being put forward by HHS and the...more

Smart & Biggar

Quebec’s “IP Box”: A tax incentive for the commercialization of IP

Smart & Biggar on

Innovation from research & development (R&D) can be protected by intellectual property (IP) rights of various kinds, including patents, copyright and plant breeder’s rights. To encourage companies to invest locally in R&D...more

Akin Gump Strauss Hauer & Feld LLP

Federally Funded Research & Development: New Executive Order Pushes Federal Agencies to Take Title to Subject Inventions and...

Key Points - On July 28, 2023, President Biden signed EO 14104, “Federal Research and Development in Support of Domestic Manufacturing and United States Jobs,” which aims to increase domestic manufacturing and...more

Foley & Lardner LLP

IP Considerations in Protecting Autonomous Vehicle Software with Patents and Copyrights

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As autonomous vehicles and associated software become more commonplace in the automotive industry, it is important to recognize which forms of intellectual property grant protection within quickly evolving areas of technology...more

Fox Rothschild LLP

Supreme Court Unanimously Affirms Enablement Requirement in Closely Watched Amgen-Sanofi Case

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In a much-anticipated ruling issued on May 18, the U.S. Supreme Court unanimously affirmed the U.S. Court of Appeals for the Federal Circuit’s reading of the longstanding enablement requirement of U.S. patent law in the...more

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

The Evolving Gene Editing Landscape: From Research Tool to Market

Gene therapies have been the subject of tremendous scientific research and investment. With hundreds of clinical trials in progress and many target applications, the biotechnology, agricultural, and pharmaceutical fields are...more

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