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Inherent anticipation – Is the phenotype exhibited by a transgenic plant an inherent feature?

By Brian D. Keppler, Ph.D.

A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference. If a prior art reference expressly sets forth each of the elements of a claim, then there is typically little question of whether or not the […]

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Roll Call: Are all Inventors Accounted for in a Foreign Filing with the EPO?

By Blog Staff

Earlier this month, the European Patent Office (“EPO”) explained why it upheld a decision revoking a patent applied for by Broad Institute of Massachusetts Institute of Technology (MIT) and Harvard (“Broad Institute”) related to CRISPR gene editing. In particular, the decision cited a lack of novelty due to an invalid claim to priority—for inadvertently failing […]

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Known Method of Administering a Known Treatment Made by a New Process is Not Novel

By Julie L. Spieker

On September 28, 2020, in Biogen Ma Inc. v. EMD Serono, Inc, the US Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed a district court’s grant of judgment as a matter of law of no anticipation, reinstating a jury verdict. The claims at issue in Biogen’s patent cover the multiple sclerosis treatment Avonex […]

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USPTO Director Andrei Lancu Takes a Look at Early Prosecution

This week, the USPTO Director, Andrei Iancu, testified before the House Judiciary Committee. In his written statement Director Iancu wrote on topics related to early prosecution that would result in lower costs to clients and would speed up the process of obtaining a patent. A new pilot program that will allow for a pre-search Examiner […]

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Firefox Test 10

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Firefox Test 11

wysiwyg TinyMCE Firefox test TEST test Lorem ipsum dolor sit amet, consectetur adipiscing elit. Aenean ultricies arcu justo, id viverra tortor porta et. In a dolor dignissim, gravida sem sed, hendrerit lacus. Morbi eget imperdiet lorem, nec sollicitudin lectus. Phasellus neque tortor, pharetra nec condimentum gravida, finibus eu ipsum. Nulla facilisi. Maecenas et egestas ex. […]

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