All posts by: Silvia Salvadori

About Silvia Salvadori

In the recent decision Supernus Pharmaceuticals, Inc. v. Iancu, the Federal Circuit held that the USPTO wrongly imposed a Patent Term Adjustment (PTA) to the applicant for an Information Disclosures Statement (IDS) filed after a Request for Continued Examination (RCE). Patent Term Adjustment Statute The PTA statute establishes that an award in patent term should […]

On January 7, 2019 the United States Patent and Trademark Office (USPTO) issued a Revised Patent Subject Matter Eligibility Guidance in the Federal Register Notice. The Guidance revises the procedures for determining whether a patent claim or patent application claim is directed to a judicial exception (laws of nature, natural phenomena, and abstract ideas) under […]

The United States Patent and Trademark Office (USPTO) is implementing the first phase of the Access to Relevant Prior Art Initiative (“RPA Initiative”) to import from the immediate parent application into the continuing application. RPA Initiative Explained: In a continuing application, the citations corresponding to the documents considered by the examiner will be printed on […]

In a recent case, Roche Molecular Systems, Inc. v. Cepheid, the Federal Circuit affirmed that claims directed to a nucleotide primer and claims directed to a detection method are invalid under 35 USC § 101. The patent covered primers and methods for a rapid detection of M. tuberculosis on the basis of the presence of […]

In a recent case, E.I. DuPont De Nemours & Co. v. Synvina C.V., the Federal Circuit outlined four (4) ways to overcome obviousness rejections based on routine optimization. The patent at issue covered methods for preparing a compound under reaction conditions already described in three prior art references. The court made reference to the classic […]

In a recent case, Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int’l Ltd., a divided Federal Circuit held valid a patent directed to a schizophrenia drug, finding that the claims met the “Mayo standard”. The patent at issue directs physicians to treat patients who have low CYP2D6 activity (an enzyme) with a lower amount of iloperidone, […]