Does Elon Musk Have Access To Your Patent Application?

By Heidi Sease Nebel

Under 37 CFR § 1.14 United States Patent applications are preserved in confidence until published, which, by statue is 18 months from the priority date.  All of our most sensitive data, new inventions and latest developments in artificial intelligence, engineering, healthcare and technology, safely housed within the USPTO without public access until access is granted […]

Pura Vida for the European Patent Office

By Gregory Lars Gunnerson

On December 13, 2024, the European Patent Office President António Campinos welcomed a delegation from Costa Rica, led by the Minister of Justice and Peace Gerald Campos Valverde, for the signing of a landmark validation agreement. Costa Rica is the seventh country to sign a validation agreement with the EPO, following Morocco, Moldova, Tunisia, Cambodia, […]

Increased Fees and Other Changes in USPTO Trademark Filings

By Christine Lebron-Dykeman

On November 18, 2024, the USPTO issued a final rule to increase certain trademark filing fees. The fees will take effect January 18, 2025.  While the per Class fee for filing a standard electronic trademark application has not changed and is still $350 per Class, the USPTO has eliminated the distinction between TEAS Standard and […]

Diplomatic Conference to Conclude and Adopt a Design Law Treaty

By Gregory Lars Gunnerson

The USPTO has concluded seeking comments from the public on negotiations at the World Intellectual Property Organization (WIPO) regarding a proposed Design Law Treaty (DLT). A diplomatic conference to finalize the treaty will soon be conducted in Riyadh, Saudi Arabia, November 11-22, 2024. The comments were intended to inform U.S. government participation in the diplomatic […]

WIPO issues the Green Technology Book

By Jill N. Link, Pharm.D.

Today WIPO (World Intellectual Property Organization) released a digital resource called The Green Technology Book. The reference provides a 2022 report of technology trends and solutions for combating climate change. It further addresses how the intellectual property system can assist in adapting for climate change. This intersection of green technology and intellectual property provides practical […]

COVID-19 VACCINE IP WAIVERS AND PLATFORM PATENTS

By Charles P. Romano, Ph.D.

The recent announcement by US Trade Representative Katherine Tai that the “US supports the waiver of IP protections on COVID-19 vaccines to help end the pandemic” has led to concern over the potential scope and effect of such waivers. Forced disclosure of trade secrets related to vaccine manufacturing processes has generated the most concern since […]

Who is on the IP naughty list this year?

Every year the Office of the U.S. Trade Representative (USTR) releases two lists of countries that have concerns surrounding their intellectual property (IP) laws and enforcement and may provide insight if considering filing an application in a certain country. These two lists are the Special 301 Report and the Notorious Markets List, available here. The […]

Deposit of biological material and the differing national laws

By Brian D. Keppler, Ph.D.

For patent applications in the biotechnology area, a biological material is sometimes essential for carrying out the invention. The biological material can be any material capable of reproducing itself or being reproduced in a biological system, including bacteria, fungi, algae, eukaryotic cells, cell lines, hybridomas, plasmids, viruses, and plant seeds. If the biological material cannot […]

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 […]

IP Post-Brexit: What Does the “FEUture” hold?

By Julie L. Spieker

On December 12, the United Kingdom (UK) will hold a general election, in which Prime Minister Boris Johnson hopes to secure a clear majority so as not to lose the prospect of Brexit after failing to leave the European Union (EU) by the end of October as previously promised. Currently, Johnson enjoys a healthy lead […]