In a recent case, Eli Lilly and Co. v. Teva Pharmaceuticals International GmbH, the Federal Circuit upheld the validity of Teva’s patents directed to specific methods of treatment using an “effective amount” of certain antibodies. The court agreed with the Patent Trial and Appeal Board (PTAB) that the claim preambles were limiting, and that obviousness […]
In a recent case, Minerva Surgical, Inc. V. Hologic, Inc., the Supreme Court limited the doctrine that prevents an assignor from subsequently challenging the validity of the patent that he or she assigned.
Due to COVID-19, the USPTO recently announced that it is possible to request a suspension of the requirement to file a certified copy of a foreign priority application by the time the issue fee is paid, if the foreign priority application is not available via a multilateral priority document exchange program. Here’s What You Need […]
In a recent case, Horizon Pharma, Inc. v. Dr. Reddy’s Laboratories Inc., the Federal Circuit reviewed the claim construction de novo, and agreed with the District Court holding of indefiniteness.
The USPTO is ending the unpopular “First Action Interview Pilot Program” effective January 15, 2021. According to the program, an applicant could have requested an interview before receiving a first office action on the merits. The examiner would have performed a search and would have provided the applicant with a short communication including potential rejections.
In the Federal Register Notice published August 3, 2020, the USPTO notified the final rule on fee changes. This final rule is effective from October 2, 2020, except for the surcharge for non-DOCX filings, which is effective from January 1, 2022. As detailed in the Table of Patent Fee Adjustments the final rules includes three […]
Pursuant to the CARES Act, and in response to the requests from stakeholders, the United States Patent and Trademark Office (USPTO) is extending the time period for petitioning for certain rights of priority or benefit in a patent application, and waiving the associated petition fee.
Due to the COVID-19 Emergency, the United States Patent and Trademark Office (USPTO) has announced extensions (read more here) to the time allowed to file certain patent- and trademark-related documents, as well as payment of certain required fees. These actions are an exercise of temporary authority provided to the USPTO by the Coronavirus Aid, Relief, […]