Patentee-Friendly Claim Construction in the UK Courts?

Author: Hazel Ford Ph.D.
Editor:  Martin D. Hyden

The UK Supreme Court has handed down its judgment at the conclusion of a long-running dispute between Eli Lilly and Actavis.  The cases related to Eli Lilly’s patent, which claims the use of the drug pemetrexed disodium in combination with vitamin B12 in the treatment of cancer.  Actavis sought declarations of non-infringement for its proposed products which used pemetrexed diacid, pemetrexed ditromethamine or pemetrexed dipotassium in place of pemetrexed disodium.  Continue reading

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The USPTO’s Online Services is a central location where you can access online services that allow you to search, file, pay, and obtain status for Patents and Trademarks.

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New EPO Rules For Patenting Plants and Animals

Author: Hazel Ford Ph.D.
Editor:  Martin D. Hyden

The EPO has clarified its approach to the patentability of plants and animals by making changes to its rules.

Article 53(b) EPC derives from an EU Directive (Article 4(1) of Directive 98/44 EC) and excludes from patentability “essentially biological processes for the production of plants or animals”.  According to the EPO’s Enlarged Board of Appeal, this excludes from patentability any process that contains the steps of sexually crossing the whole genomes of plants and then selecting the desired progeny plants.  However, the Enlarged Board concluded in decisions G 2/12 and G 2/13 that the exclusion only applies to process claims, and not to the plants that are produced by those processes.  Until recently, the EPO had followed this practice during examination and in post-grant oppositions. Continue reading

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Reissue Basics

Author: Jessica L. Roberts
Editor:  Adriana L. Burgy

Reissue applications are valuable tools for correcting defects in issued patents.  Reissue applications are used to correct a wide variety of errors that are more substantive than those which may be corrected by simply requesting a Certificate of Correction.  A patentee surrenders their patent, pays a fee, and then reissues the invention disclosed in the original patent with the defects corrected for the unexpired part of the term of the original patent.  Continue reading

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Invention-Con 2017 is August 11-12 in the Madison Building at the USPTO Alexandria, Virginia headquarters. Attendees can listen to plenary talks, participate in small-group breakout sessions, and hear from USPTO officials and experts who will present information on patents, trademarks, and other IP matters and topics of interest to small businesses. USPTO Commissioner for Patents Drew Hirshfeld will be the featured speaker.

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