Post By Jill N. Link, Pharm.D. There were many changes implemented by the USPTO as a result of the America Invents Act (“AIA” or generally Patent Reform). One these is the post-grant procedure (also referred to as Post-Grant Review (PGR)) for challenging the validity of a competitor’s patent. However, there is a very limited time frame during which this useful procedure can be employed - within nine months....... Read More
Post By Blog Staff Under the America Invents Act, the USPTO has the capability to open regional offices to assist inventors and businesses with their intellectual property needs. Recently, two new regional offices were opened: San Jose, California and Dallas, Texas. The San Jose Office opened on October 15, 2015 and is located within the Silicon Valley’s central business district. The Dallas Office opened on N....... Read More
Post By Daniel M. Lorentzen, Ph.D. The America Invents Act (AIA) changed a number of provisions in the Patent Act (Title 35, U.S.C.). While many of these changes have not yet been subjected to scrutiny through litigation, a large number have been the subject of analysis by the USPTO, by virtue of their implementation into the rules of patent examination. Among the statutory provisions and rules that have t....... Read More
Post By Blog Staff The United States International Trade Commission (USITC) is authorized by federal law (39 U.S.C. § 1337) to take action against the “importation … of articles that (i) infringe a valid and enforceable U.S. patent.” USITC investigations represent an alternative to federal court intellectual property litigation, and may be especially useful where the allegedly infringing act involve....... Read More
Post By Jill N. Link, Pharm.D. Filewrapper® previously introduced a new series of blog postings on the value and role of trade secrets, along with strategies to ensure protection. Before diving into best practices for protection this post provides an outline of the value trade secrets can provide to a company or to a particular technology. Often a value assessment goes hand-in-hand with justifyin....... Read More
Post By Daniel M. Lorentzen, Ph.D. One of the basic requirements for the grant of a patent by the USPTO is the invention must be shown to be “new.” In practice, this means that the invention must be sufficiently different from the existing prior art, including patents, publications, and existing products. However, in order for a piece of prior art to preclude patentability, it must enable a person of ordin....... Read More
Post By Paul S. Mazzola In the 2014 case of Octane Fitness v. ICON Health & Fitness, the Supreme Court overruled Federal Circuit jurisprudence and provided a flexible framework for district courts to grant attorney’s fees in “exceptional cases” under 35 U.S.C. § 285. The Court reasoned that requiring a prevailing party to show “material inappropriate conduct” or that a case was both “objectively basele....... Read More
Post By Jill N. Link, Pharm.D. We all know a core technology can drive a company. As a patent attorney I see this every day. However, equally important is the Information about the technology or the business itself that can be an invaluable driver of a technology or the company itself. Depending on the technology you work with and the type of company protecting it, you may already fully understand th....... Read More
Post By Daniel M. Lorentzen, Ph.D. Whether or not genes are patent-eligible subject matter has been a much-discussed issue over the last several years. The 2013 decision by the U.S. Supreme Court in Ass'n for Molecular Pathology v. Myriad Genetics, Inc. established that that isolated DNA is a product of nature and therefore not patent eligible under Section 101 of Title 35 of the U.S. Code. The patent at is....... Read More
Post By Blog Staff As of September 18, 2015, small or micro entities with only a single ex parte appeal pending before the Patent Trial and Appeal Board (PTAB) will be able to expedite review of their appeal in exchange for streamlining the process. According to the information provided on the USPTO website, the criteria for qualification for this new program include: The appeal must not involve any claim subject....... Read More
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