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On July 1, 2022, a new sequence listing format, World Intellectual Property Organization (WIPO) Standard ST.26, will replace the current ST.25 standard in the WIPO and in the national patent offices of all WIPO member states.[1],[2] There is no transition period between the standards, and thus, all applications with a filing date of July 1,… Read more »
The CAFC recently overturned a district court’s decision holding that claims containing the terms “resilient” and “pliable” were indefinite. The CAFC went out of its way to indicate that a claim is not indefinite just because it is broad.[1] The CAFC instead reiterated the indefiniteness standard set forth by the Supreme Court in Nautilus –… Read more »
PCT and USPTO fees are scheduled to increase on October 1 and October 2, 2020, respectively. In view of the fee increases, applicants may wish to file new applications, file post-grant requests, and/or submit documents in existing applications that require any fee payment, prior to October 1, 2020 (for new PCT applications) or October 2,… Read more »
On September 15, 2020, the United States Patent and Trademark Office (USPTO) issued an Advisory 1 that Notices of Allowance mailed during the period of September 9-15, 2020, may specify an incorrect Issue Fee amount. Due to a technical problem at the USPTO, most Notices of Allowance mailed between September 9, 2020, and September 15, 2020, specify… Read more »
For most patent prosecutors, the thought of having to re-argue what is believed to be a solid, well-reasoned response to a rejection for a second, third, or even fourth time, is extremely frustrating. Understandably, it is also aggravating for the Examiner to re-read what they believe is a flawed argument. In many cases, the use… Read more »
In the current climate within a first-to-file patent system, it is often desirable to file a patent application as quickly as possible. However, it is important to check whether any foreign filing licenses are required before an application is filed because there may be serious consequences for an inventor and/or applicant if a foreign filing… Read more »
On May 4, 2020, the United States Patent and Trademark Office (USPTO) unveiled a web-based Intellectual Property (IP) marketplace platform “Patents 4 Partnerships,” ( https://developer.uspto.gov/ipmarketplace/search/patents), a searchable database of patents and published patent applications relating to the coronavirus (COVID-19) pandemic that are available for licensing. The Patents 4 Partnership database is searchable by keyword, patent number,… Read more »
Objective indicia (OI) of non-obviousness, sometimes called secondary considerations, can be powerful tools for addressing obviousness rejections during prosecution. The Federal Circuit frequently reminds us that “evidence of secondary considerations may often be the most probative and cogent evidence in the record.”1 But, for this evidence to be probative, there must be a nexus between the… Read more »
Update: Orange Book Listing of Drug Delivery Device Patents After In re Lantus, February 20201 Introduction The U.S. Court of Appeals for the First Circuit recently ruled that Sanofi could potentially be held liable for an antitrust violation for improperly listing an insulin delivery device-related patent in the U.S. Food and Drug Administration’s (“FDA”) Orange… Read more »
It has long been recognized that, at a certain level, almost all patent claims include some abstract concepts. One of the hurdles facing practitioners and Examiners alike in determining subject matter eligibility under Section 101 has been drawing the line between claims that are “directed to” an abstract idea under the first step of the… Read more »
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