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Congressman/Inventor Introduces Legislation to “Fix” U.S. Patent System

By Kirk M. Hartung

On November 4th, Kentucky Representative, Thomas Massie, who is the named inventor on two dozen patents, has introduced a bill to the House Judiciary Committee which, if passed, would significantly change U.S. patent laws. The bill seeks to nullify some provisions of the America Invents Act (AIA) passed in 2011, as well as reverse some […]

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Psilocybin Patents Demonstrate Growth in the Psychedelics Market

By Sarah M.D. Luth

Public and medical interest in the use of psychedelics has steadily been expanding since the 1990s. Psilocybin is one of the most well-known psychedelic compounds. Psilocybin, also known as “magic mushrooms” is a compound produced by several species of fungi, and which has both psychoactive and hallucinogenic properties. Although psilocybin is still considered a Schedule […]

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Proposed rulemaking to implement WIPO Standard ST.26

By Brian D. Keppler, Ph.D.

Patent applications containing nucleic acid or protein sequences will be required to submit a sequence listing in compliance with the new WIPO Standard ST.26 beginning on January 1, 2022. With the implementation of the new standard coming soon, the USPTO has issued a notice of proposed rulemaking to revise the rules of practice for submitting […]

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What is Assignor Estoppel and What Implications Remain Post Minerva?

By Blog Staff

Particularly within the patent industry, it is common to see that an employment agreement contains a provision where an employee agrees to assign the rights in any future inventions developed during the course of employment to the employer. Provided the prevalence of assignments filed in patent applications, inventors and patent owners should be aware as […]

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Federal Circuit clarifies the “teaches away” doctrine and the “substantial evidence” requirement when making an obviousness determination

By Joseph M. Hallman

On July 22, 2021, in Chemours Company FC, LLC v. Daikin Industries, Ltd. (“Chemours v. Daikin”), the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed a decision made by the Patent Trial and Appeal Board (“PTAB”). In two inter partes reviews (“IPRs”) filed by Daikin Industries, Ltd. (“Daikin”), the PTAB held […]

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Dissent by Judge Newman highlights the expanding instability in the patent eligibility inquiry under § 101

By Joseph M. Hallman

On June 11, 2021, in Yu v. Apple Inc., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed a decision by the Northern District of California dismissing a patent infringement case on the grounds that the asserted claims were invalid due to patent ineligibility under 35 U.S.C. § 101. A decision […]

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Oatly – wow no cow, yes patents

By Brian D. Keppler, Ph.D.

Oatly, the Swedish oat milk company, has been in the news recently with their initial public offering occurring just last month. Initially priced at $17, shares jumped to $22 on the first day of trading and have been as high as $29 since (which equates to a market cap of over $17 billion!). In the […]

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Aevum UAV’s Ravn X to Deliver Cargo AND Launch Rockets

By Gregory Lars Gunnerson

The Ravn X (Aevum) unmanned aircraft will be used to both deliver cargo and launch rockets, pending approval from the Federal Aviation Administration. For its intellectual efforts in this space, the company was awarded U.S. Patent No. 10,994,842. The heart of the invention concerns a payload delivery system for an aircraft. Aevum is the first […]

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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 […]

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Federal Circuit reiterates the principle that when a § 103 rejection is based on a single prior art reference, the reference must be self-enabling in order to render the claimed invention obvious

By Joseph M. Hallman

On April 16, 2021, in Raytheon Technologies Corp. v. General Electric Co., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed a decision by the Patent Trial and Appeal Board (“PTAB”) regarding unpatentability due to obviousness under 35 U.S.C. § 103. In its decision, the Federal Circuit made clear that when […]

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