The USPTO is now offering a Patent Application Alert Service (PAAS) that allows subscribers to stay current with patent application pre-grant publications that may be relevant or of interest. A subscriber will receive a weekly email alert that is customizable to a search criteria set by the subscriber. Each email will also contain direct links to the published applications listed. Enrolling in ....... Read More
Current tax laws do not permit deductions or other preferential tax treatment for income derived from intellectual property. This may change based on proposed tax reforms. On July 29th the House Ways and Means Committee members Charles Boustany (R-LA) and Richard Neal (D-MA) released a legislative proposal for public comment outlining the Innovation Promotion Act. This Act would, in part, ....... Read More
Patent law is within the exclusive jurisdiction of the federal government. In the past several years, however, a number of states have proposed or passed legislation aimed at combatting so-called “patent troll” behavior. Although patent lawsuits are tried in federal—not state—court, these state legislative efforts generally attempt to combat perceived patent-troll behavior by creat....... Read More
The Trademark Trial and Appeal Board (TTAB) has previously held that in the absence of an agreement between a manufacturer and a distributor, there is a legal presumption that the manufacturer is the owner of the trademark. The presumption that the manufacturer is the owner of a disputed mark may be rebutted. In determining which party has superior rights, the TTAB has looked to several relevant factors, i....... Read More
Biotechnological innovation is potentially subject to a variety of governmental regulations. For example, therapeutics for disease treatment or prevention in humans are subject to review and approval by the Food and Drug Administration (FDA). Innovations relating to crops or livestock may be subject to the Department of Agriculture (USDA). However, the regulations promulgated by these governmental....... Read More
Patent eligibility under 35 U.S.C. § 101 has been an area of significant change in recent years. Several Supreme Court decisions have changed our understanding of what does and does not qualify for patent protection. These decisions, in turn, have required a change in the procedures implemented by the USPTO during the examination of patents. The USPTO has now issued its most recent update to it....... Read More
Users of Google Patents might have noticed a recent update. In addition to a new interface and layout, the most exciting innovation is an improved searching function. As background, patentability requires an invention be novel and non-obvious. To determine whether these legal requirements are satisfied, the United States Patent and Trademark Office (USPTO) substantively examines pend....... Read More
The Biologics Price Competition and Innovation Act (BPCIA) establishes an abbreviated pathway for regulatory approval of follow-on biological products that are highly similar to a previously approved product (the reference product). The general structure of the abbreviated pathway, referred to as "biosimilar" licensure , is similar to that used for Abbreviated New Drug Applications (ANDA) unde....... Read More
Both preliminary and permanent injunctions can be crucial forms of relief in any patent case. In addition to preventing continuing infringement of a patent, an injunction puts the patent holder in a much better bargaining position for future licensing negotiations. In its eBay decision in 2006, the Supreme Court required lower courts to apply a four-part common law test for granting injunctive relief. Prio....... Read More
The Supreme Court decision in Octane Fitness LLC v. ICON Health and Fitness (previously discussed on Filewrapper®) changed the standard for awarding attorney fees in patent suits to the prevailing party in exceptional cases under Section 258 of the patent statute. In Octane Fitness, the Court further defined “exceptional cases” to mean those "that stands out from others with respect to the substanti....... Read More
The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.
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