Posts Tagged: patent office
Federal Circuit Rules Momenta Has No Standing after Ceasing Development of a Biosimilar
Earlier this month, the Federal Circuit dismissed an appeal from the Patent Trial and Appeal Board (Board) where the Board upheld the patentability of a biologics patent. …
Of Secret Sales and Public Uses: The Practical Consequences of the Supreme Court’s Helsinn Decision
It seemed like a trade secret trifecta when Congress in 2011 passed the America Invents Act (AIA). Although the statute was aimed at patent reform, it made three …
Return Mail v. USPS Oral Arguments: Both Sides Struggle in Robust Questioning at Supreme Court
On Tuesday, February 19, the U.S. Supreme Court heard oral arguments in Return Mail Inc. v. United States Postal Service, a case that asks the nation’s …
U.S. Cannabis Inventions on the Rise As Legal Marijuana Market Grows
The shifting status of marijuana from an illegal controlled substance to regulated medicinal product to, in some jurisdictions, legalized recreational activity has created a market that promises …
Mitigating ‘Justified Paranoia’ via Provisional Patent Applications
As mentioned in Part I of this series, many inventors will seek to obtain some kind of patent protection so they can stake claim to their invention. …
Justified Paranoia: Patenting and the Delicate Dance Between Confidentiality and Investment
Most inventors understand that a certain amount of paranoia goes a long way when dealing with an idea or invention. Ideas cannot be patented, but every invention …
Other Barks & Bites for Friday, February 15
This week in Other Barks & Bites: the USPTO appoints a new Chief Information Officer; Apple uses Qualcomm chips in Germany while American professors urge the ITC to …
Federal Circuit Addresses Whether Anticipating Prior Art Reference is ‘By Another’ as Described in 35 U.S.C. § 102(e)
The Federal Circuit recently overturned a Patent Trial and Appeal Board (Board) inter partes review decision finding that an IPS Group (IPS) patent was not unpatentable as …
First PTAB Reversals Under New Subject Matter Eligibility Guidance
Since having been sworn in as the new director of the U.S. Patent and Trademark Office (USPTO) in February 2018, Andrei Iancu has led the charge to …
Simultaneous Invention as Secondary Evidence of Obviousness
Is an invention arrived at by multiple inventors within a short space of time necessarily obvious? If not, how far may the evidence of simultaneous or contemporaneous …
New Hampshire Supreme Court to Hear Appeal in ‘Patent Troll’ Defamation Case
On the morning of February 14, the New Hampshire Supreme Court will hear what could be one of this year’s most important set of arguments related to …
The Federal Circuit is Shirking Its Constitutional Duty to Provide Certainty for Critical Innovation
Here we go again! Another patent whose claims have been invalidated at the Federal Circuit—predictably, another medical diagnostic patent. Athena Diagnostics v. Mayo Collaborative (Fed. Cir. …
Combating the ‘Dunning-Kruger Effect’ in Inventors
Patent professionals encounter many different personality types working with their colleagues and inventors. On one end, there are those who do great work but lack confidence in …
The ‘Iancu Effect’ Won’t Matter if Not Supported by the Courts or Congress
The Global Innovation Policy Center (GIPC) of the U.S. Chamber of Commerce issued its annual International IP Index ranking the intellectual property environments in 50 of the …
Anatomy of a Valuable Patent: Building on the Structural Uniqueness of an Invention
From a conceptual standpoint, it would seem logical to assume that writing text to describe a particular invention ought to be easy for the inventor of that …
