Tag Archives: Patent

Supreme Court Stands By Clear & Convincing Evidence

In a unanimous decision issued June 9, 2011, the Supreme Court rejected Microsoft’s arguments that a granted U.S. patent can be invalidated based on a mere preponderance of evidence, rather than clear and convincing evidence, as long has been required. The Federal Circuit had interpreted 35 USC § 282 as embodying a clear and convincing … Continue reading this entry

Federal Circuit Hears Oral Arguments in Myriad

On April 4, 2011, Judges Lourie, Bryson and Moore at the U.S. Court of Appeals for the Federal Circuit heard oral arguments in Association for Molecular Pathology v. USPTO, also known as the ACLU/Myriad “gene patenting” case. This case has garnered extraordinary attention from the biotech, pharmaceutical, and health care industries, from academic and government … Continue reading this entry

New Duty of Disclosure for European Patent Applications

European patent applications filed on or after January 1, 2011 will be subject to a new disclosure requirement designed to support international worksharing efforts. The new rule will require applicants to submit copies of search results received from the national patent office of the priority country (the Office of First Filing, or OFF). Failure to comply with … Continue reading this entry

Whetting Your Appetite

This week our national conversation is taking a break from contentious political concerns to focus on more enduring questions: whole cranberry sauce or jellied? pumpkin or sweet potato pie? breast or leg? I thought it would be fun to take a look at some of the inventions that may find their way to the Thanksgiving dinner table. … Continue reading this entry

Can Pharma Patents Benefit From The Peer-To-Patent Program?

Last week the USPTO announced a new peer-to-patent pilot program that will include patent applications in the fields of biotechnology, bioinformatics, telecommunications, and speech recognition, in addition to the software and business methods applications that were included in the original pilot program. The USPTO touts the promise of a stronger patent and offers the incentive … Continue reading this entry