USPTO Programs and Options: A Filewrapper® Series on Environmental Technology and Patent Protection-Part III

In this third week of the Filewrapper® series on considerations environmental technology, we will be discussing USPTO efforts and programs designed specifically for environmental technologies. The concept of prioritizing green technology patents is not new to the USTPO. On December 8, 2009, a USPTO pilot program was launched to accelerate review of green technology patent […]

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Software patents in the Federal Circuit‚¬¦ One step forward, two steps back.

Following the United States Supreme Court’s ruling in the Alice Corp. v. CLS Bank Int’l, (S. Ct. 2014) case (which held that abstract ideas are not patentable), the software and computer industry has been fighting and clawing to peel back the layers of the decision in hopes of finding some clarity as to what is […]

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Technology Driven Environmental Standards: A Filewrapper® Series on Environmental Technology and Patent Protection–Part II

Filewrapper® previously introduced a new series of blog postings on the considerations for patent protection of environmental technology. Before discussing patent protection for these emerging technologies, it is beneficial to understand the regulatory system in which environmental technology must live in order to be placed into a commercial setting. While concerns about the quality of […]

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“Green” Patent Protection: A Filewrapper® Series on Environmental Technology and Patent Protection-Part I

Mounting scientific evidence that the global climate is changing has sparked a new wave of innovation in the field of environmental technologies. Many of these improvements to existing technologies have been patented and licensed, enhancing the financially lucrative nature of research and development in this industry. However, in some instances, despite technological advances, environmental harm […]

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USPTO Offers New Pilot Program for After Final Responses

The USPTO has implemented the “Post-Prosecution Pilot”referred to as the “P3 Program.”The goal of the program is to reduce the need for appeals by providing a more robust after final, pre-appeal program. The P3 Program essentially blends two existing programs: the After Final Consideration Pilot and the Pre-Appeal Brief Conference Pilot. The After Final Consideration […]

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Federal Circuit Revives Life-Sciences Patent Directed to Law of Nature

On Tuesday, the Federal Circuit revived a life-sciences patent that was invalidated as being directed to a law of nature. The patent involved a method for multiple freeze-thaw cycles in liver cells. In Vitro Technologies designed the method by using previously frozen cells and then pooling the cells that remained viable for re-freezing and thawing […]

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Federal Circuit Upholds 180-Day Notice Period for Biosimilars

On Tuesday, the Federal Circuit sustained an injunction preventing generic drug maker Apotex, Inc. from selling a similar version of Amgen Inc’s Neulasta drug without a 180 day notice period after being approved by the FDA. The drug is used to boost white blood cell counts in cancer patients and is made using living cells. […]

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Federal Circuit Finds Patent Eligibility for Application of Natural Law

 The Federal Circuit has handed down its decision in Rapid Litigation Management v. CellzDirect.  The technology at issue in the case is a method of freezing-and-thawing a group of hepatocytes and then selecting those that are still viable.  The patent-owner sued the defendant for infringement of the patent, and the defendant in turn filed a […]

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Supreme Court Upholds Broadest Reasonable Interpretation and No Review for Institution in PTAB Proceedings

The Supreme Court has issued its opinion in the case of In re Cuozzo Speed Technologies, LLC. In re Cuozzo initially began as an inter partes review (IPR) with the Patent Trial and Appeals Board (PTAB) where Garmin challenged the validity of Cuozzo’s patent relating to an interface that uses GPS technology to display a […]

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Tracking the Mayo Effect: Study Examines Personalized Medicine Patent Applications after SCOTUS Decision

The US Supreme Court decided Mayo Collaborative Servs. v. Prometheus Labs. in 2012, effectively redefining the scope of patent eligible subject matter, particularly with respect to biotechnology and personalized medicine. Subsequent decisions by the Court in Myriad and Alice have confirmed what many prognosticators had predicted: a wide-spread broadening of the judicially-created exceptions to patent […]

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