Month: August 2007

  •     By Kevin E. Noonan — Although the final version of the new continuation rules have not been issued (see "New Continuation and Claims Rules to Be Published in Late Summer"), it is clear that the limitations on the right to file continuation applications (and perhaps Requests for Continued Examination) will act to focus…

  •     By Donald Zuhn — On Tuesday, the U.S. Patent and Trademark Office (USPTO) announced that beginning August 31, 2007, the Patent Office will begin to electronically transfer certified copies of U.S. priority applications to the International Bureau (IB) of the World Intellectual Property Organization (WIPO) for International applications filed in the U.S. Receiving…

  •     By Christopher P. Singer — The USPTO sent out an "e-Commerce e-Alert" by e-mail on August 14, 2007.  The e-Alert discussed several issues relating to the Patent Office’s electronic commerce initiatives, including updates concerning the e-Office Action Pilot Program; New Document Description for a Letter Accompanying an Information Disclosure Statement; International Application Filing…

  •     By Kevin E. Noonan — The effects of the global crisis in patented drug pricing were evident recently in two actions (or inactions) in the European Union. In the first, the Committee on International Trade of the European Parliament delayed voting on the Trade Related Intellectual Property Rights protocol promulgated by the World…

  •     By Donald Zuhn — As we reported in May, the U.S. Trade Representative issued a report on the state of intellectual property rights worldwide, identifying Thailand as one of twelve countries on a "priority watch list."  Thailand had been placed on the list as a result of its aggressive moves with respect to…

  •     By Kevin E. Noonan — The cost of prescription drugs, and the proper apportionment of these costs between innovator drug companies (who frequently possess patent protection of their products) and consumers (who have access to political and other sources of resistance to increased drug costs) poses a policy problem that has been brewing…

  •     By Donald Zuhn — Last Friday, The San Francisco Chronicle reported on new challenges facing the biotech industry.  In an article by Bernadette Tansey entitled "As biotech patents run out, innovation and competition may thrive," the Chronicle addressed the expiration of key biotech patents, increased competition being applied by generic manufacturers, and new…

  •     By Donald Zuhn — On Friday, the U.S Patent and Trademark Office (USPTO) announced that it was proposing new rules that "will improve an examiner’s ability to focus the examination process for claims that contain more than one independent and distinct invention."  According to the USPTO announcement, the proposed rules, which were published…

  •     By Christopher P. Singer — Last week, the U.S. Patent and Trademark Office (USPTO) announced that it is seeking participants for a Complex Work Units (CWU) Pilot Program that is scheduled to begin later this year.  CWUs include applications containing chemical structure drawings, mathematical formulae, protein crystal data, and table data, which can…

  •     By Sherri Oslick — About Court Report:  Each week we will report briefly on recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic monitoring. Eli Lilly and Company v. Actavis Elizabeth LLC1:07-cv-01023; filed August 8, 2007 in the Southern District of Indiana Infringement of U.S. Patent…