Category Archives: The Patent Office

The Essentiality Test – Falling Out of Favour at the EPO?

Author: Katherine Banks Ph.D.
Editor:  Hazel Ford Ph.D.

The European Patent Office (EPO) has a notoriously strict approach when considering amendments to patent applications.  If an amendment extends the subject matter beyond the content of the application as filed, then the amendment is unallowable under Article 123(2) EPC.  This is assessed based on the “gold standard” test, which examines whether the skilled person would regard the amended subject-matter to be directly and unambiguously derivable from the application as originally filed.  Continue reading

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Cancer Immunotherapy Pilot Program Set to Expire in June Unless Extended

Author: Rachael P. Dippold, Ph.D.
Editor:  Amanda K. Murphy, Ph.D.

Last year, President Obama announced the National Cancer Moonshot, an initiative with the goal of making ten years’ worth of advances in cancer research and treatment over the following five years.  In support of this initiative, the USPTO announced its “Patents 4 Patients” program, also known as the Cancer Immunotherapy Pilot Program.  Through this pilot program, which began June 29, 2016, applications directed to cancer immunotherapy are provided special status for examination, with the goal of completing prosecution within 12 months of the grant of special status.  Continue reading

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Reflections on USPTO Design Day 2017: What’s Next?

Reflections on USPTO Design Day 2017: What’s Next?

Author: Elizabeth D. Ferrill
Editor: Eric P. Raciti

Each April, the design patent community gathers at the USPTO to discuss design prosecution and protection. This year, on April 25, another sell-out crowd of over 300 people attended the 11th Annual USPTO Design Day, which is sponsored by the USPTO, IPO, AIPLA, the IP section of the ABA, and the IDSA. This year’s event including important updates on changes in Technology Center 2900 (which is responsible for all design examination), international protection of designs, including a special guest from the Canadian IP office, as well as evolving trends in fashion, the usefulness of motions to dismiss in design patent cases, and the potential effect of prosecution history in litigation and claim construction.
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Jordan’s Accession to the Patent Cooperation Treaty

Author: Anthony D. Del Monaco, Louis M. Troilo, and Laith M. Abu-Taleb
Editor: Adriana L. Burgy

Jordan is off to a busy and productive year from an intellectual property standpoint. Starting late in December of 2016, the Jordanian Council of Ministers approved the accession of the Kingdom into the Patent Cooperation Treaty (PCT), allowing the country to join 151 other member-states in the World Intellectual Property Organization (WIPO) union. On March 9, 2017 Ms. Saja Majali, Jordan’s Ambassador and Permanent Representative to the United Nations, officially deposited the country’s instrument of accession to the PCT, allowing Jordan to become the 152nd Contracting State of the PCT. This move gave the Kingdom an official starting date: On June 9, 2017, Jordan will officially become bound by the PCT.

Under the leadership of Director Zain Al Awamleh, the Jordanian Industrial Property Protection Directorate in Amman will likely see an increase in patent filings, as the technology boom continues to improve Jordan’s regional and global economic status. As of June 9, 2017, companies from all over the world will be able to seamlessly file patent applications in Jordan. Further, Jordanian inventors will be able to reach every corner of the globe in protecting their innovations. This move will boost the country’s position as an up-and-coming leader in technology and innovation, further connecting Jordanian innovators to the global market.

The PCT has carefully honed the fundamental tenets associated with the patent process since 1978, including reasoned search reports and detailed written opinions. With this increased knowledge base, and the world within reach, Jordan’s global status as an innovation hub will increase to allow Jordanian nationals and residents further avenues to protect their ground-breaking innovations and disruptive technologies. In turn, these companies will have internationally protectable ideas, which will facilitate higher employment and the growth of a knowledge-based economy. This move will thus cement Jordan’s status as a stable country with a young and educated population; one that is ripe for investments in the innovation, research, and development sectors.

 

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The Short-Lived Ailment of Poisonous Divisionals

The Short-Lived Ailment of Poisonous Divisionals

Author: Leythem A. Wall
Editor: Eric P. Raciti and J. Derek McCorquindale

After four years of the European Patent Office (EPO) ruling that a parent application can lack novelty over its divisional application, and vice versa, the EPO Enlarged Board of Appeal (EBA) in their decision G1/15 has finally put an end to this familicidal practice. Continue reading

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