News & Analysis as of

Utility Patents

All That Glitters is Not One to Mold

by Winthrop & Weinstine, P.A. on

To me, one of the most exciting aspects of intellectual property law is when patent law and trademark law intersect in product or packaging design. Last week, I had the honor of speaking to a graduate product design class at...more

Protecting Cannabis – Are Plant Patents Cool Now?

With the rise of the legalized cannabis industry, there is also a rise in legal questions about how to protect the cannabis-related inventions being developed by the industry. Many practitioners do not appreciate that there...more

Addressing intellectual property requires careful estate planning

Intellectual property (IP), such as copyrights and patents, can hold enormous value. Whether IP rights are a significant source of wealth or only a small fraction of an estate, it’s critical that it be properly addressed in...more

Updated USPTO Patent Fee Schedule Includes Significant Increases and Additions

by Ballard Spahr LLP on

The U.S. Patent and Trademark Office (USPTO) last week established an updated patent fee schedule, effective January 16, 2018. The updated schedule provides for a modest increase for most fees—but also more significant...more

Three Reasons to File a Design Patent with your Utility Patent

by Dorsey & Whitney LLP on

When filing a utility patent that includes design elements, the patentee is often faced with the question “should I also file a design patent?” The patentee may answer with “there is no need to file the design patent since...more

Patents in the burgeoning cannabis industry

by Farella Braun + Martel LLP on

With cannabis legal in 29 states for medical use and in eight states for recreational use, there is a surge of entrepreneurism and an influx of capital into the rapidly expanding cannabis industry. Although cannabis remains a...more

USPTO Announces Fee Increases Effective January 16, 2018

by Brooks Kushman P.C. on

United States Patent and Trademark Office has published final rules increasing certain fees relating to patent examination and post grant proceedings (Please click here to see the USPTO’s table showing the fee changes...more

"Retro" Designs: Using Your Utility Portfolio to Expand Design Protection

From gadgets to apparel, retro is all the rage these days. What does this mean for your consumer product patent portfolio? The obvious strategy is to consistently file design applications covering your product releases,...more

The Goods on IP - October 2017

The October 2017 issue of Sterne Kessler's The Goods on IP® discusses using your utility patent portfolio to expand design protection, tips for aligning your consumer product European patent portfolio with U.S. best...more

Pfizer obtains orders of prohibition on polymorphic form patent

by Smart & Biggar on

On September 22, the Federal Court, in a pair of decisions, granted Orders of prohibition under the Patented Medicines (Notice of Compliance) Regulations preventing Apotex and Teva from marketing their generic...more

Update on AstraZeneca SCC and developments on “overpromising” under grounds other than utility

by Smart & Biggar on

SCC Update. On October 23, 2017, the Supreme Court of Canada dismissed Apotex’s motion to amend the Supreme Court of Canada’s judgment in AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36 (reported here, relating to...more

TTAB Seals Fate of Trade Dress Claims for Design Covered By Utility Patent

It is natural for manufacturers to seek to widen their intellectual property protection. In the seminal case TrafFix Devices, Inc. v. Marketing Displays, Inc., 532 US 23 (2001), the Supreme Court struck down the plaintiff’s...more

Financial Services Quarterly Report - Third Quarter 2017: Luxembourg Developments

by Dechert LLP on

Luxembourg recently has taken a number of actions in connection with the transposition or implementation of various EU directives and regulations, respectively, into national law. The Luxembourg government deposited a bill of...more

Rx IP Update - September 2017

by Smart & Biggar on

Federal Court of Appeal Applies Supreme Court’s Utility Test to SPRYCEL Patent - In its first decision to consider the Supreme Court of Canada’s landmark decision in AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36...more

Federal Court of Appeal Applies Supreme Court’s Utility Test to SPRYCEL Patent

by Smart & Biggar on

In its first decision to consider the Supreme Court of Canada’s landmark decision in AstraZeneca Canada Inc v Apotex Inc, 2017 SCC 36 [Esomeprazole](see our article here) on the utility requirement, the Federal Court of...more

Recap on Design Patent Drawings

This post is a follow-up to our prior post To Seek Design Protection or Not, That is the Question! where we discuss situations where it is worth considering seeking a design patent. Here we highlight takeaways from a USPTO...more

Building a Health App? Part 2: Protecting Your Intellectual Property

This post is the second in a series of weekly blog posts covering legal issues for consideration during the early stages of development of a health app and providing best practices to help guide you through a successful...more

Utility Patents in Fashion Design? Nike & Huzu Innovate The Way

by Knobbe Martens on

Edited by Catherine Holland   What is a Utility Patent? Utility patents cover a new and useful process, machine, manufacture, or composition of matter.  Design patents are much more common in the fashion industry since design...more

Latest Developments in European Patent Law: How to Apply Them in Both the United States and Europe

by Knobbe Martens on

Agenda: • UK Supreme Court Decision on Infringement – “Equivalents” – Use of the prosecution history • Doctrine of Equivalents in the United States • Plausibility before the EPO and UK courts – Inventive step of...more

Patent Myths Corrected – Part One

by Weintraub Tobin on

Patent law is a complicated area of law governed by a confusing set of statutes and regulations that are interpreted by the United States Patent and Trademark Office (PTO) and the federal courts. Patents themselves are...more

Taking Advantage of the Global Supply Chain for Patent Examination

by Ward and Smith, P.A. on

Innovation and Traditional Patent Process - When you develop an innovation, its potential patentability is typically unknown, thus making it difficult to determine whether it is worth the significant expense involved if...more

Protecting Plant Innovations

by K&L Gates LLP on

The development of new plant varieties can be a costly and time-consuming process. To incentivize breeding endeavors, governments around the world have developed legal mechanisms that effectively provide breeders with a...more

A broken promise – The Supreme Court of Canada reverses Canada's "promise of the patent" doctrine

by DLA Piper on

The Supreme Court of Canada (or SCC) has dealt a significant blow to the “promise of the patent” doctrine—a controversial judge-made approach to the question of patent utility in Canada that has been heavily criticized over...more

Supreme Court of Canada strikes down "promise doctrine", upholds AstraZeneca’s NEXIUM patent as useful

by Smart & Biggar on

The Supreme Court of Canada today delivered an important and highly anticipated decision, AstraZeneca Canada Inc v Apotex Inc (2017 SCC 36), by rejecting the “promise doctrine” and clarifying the requirement for patent...more

Five Fun (!) Facts About US Design Patent Examination That You Probably Didn’t Know

Design patent examination has been subject to many recent changes at the USPTO, including changes in the application backlog and foreign filing.  While design patents made up just under 8.0% of the patents issued in 2015, the...more

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