Patent Law Weblog
recent posts
- Why the Alice Test is Stupid, Part IV: The Usefulness Paradox
- Teva Capitulates to Federal Trade Commission Coercion
- USPTO Issues Memoranda on Subject Matter Eligibility
- USPTO Revokes Guidance on AI-Assisted Inventorship, But Rules Remain Basically the Same
- Why the Alice Test is Stupid, Part III: Eligible Independent Claims Can Have Ineligible Dependent Claims
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Category: International IP
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By Donald Zuhn — Last week, United States Trade Representative Katherine C. Tai responded to a series of letters sent by a group of Senators regarding a proposal by India and South Africa to waive certain provisions of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) in relation…
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By Donald Zuhn — In a letter sent to U.S. Trade Representative Katherine Tai last week, the U.S. Chamber of Commerce expressed disappointment that the Biden Administration "continues to entertain actions, such as a waiver of the TRIPS Agreement, that would undermine the pandemic response." The Chamber instead urged the Administration "to double down on…
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Pfizer and BioNTech Agree to Vaccine Technology Transfer with South Africa's Biovac Institute By Kevin E. Noonan — As reported by Reuters* on Wednesday (see "South African firm to help make Pfizer/BioNTech COVID vaccine"), Pfizer and BioNTech, manufacturers and developers of an mRNA-based vaccine against SARS-CoV-2, have agreed to help the South African drug maker…
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From our Foreign Correspondents — While many patiently await developments in the pending U.S. interference proceedings relating to the CRISPR patents in the U.S., matters are progressing in Europe. The Opposition Division (OD) of the European Patent Office (EPO) has just issued (on June 29, 2021) its written decision in the case of EP3241902, owned…
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By Donald Zuhn — In a message distributed to Biotechnology Innovation Organization (BIO) members, Dr. Michelle McMurry-Heath, BIO President and CEO, released a declaration signed by the corporate and organizational leaders of 209 global biotechnology companies and 41 biotech associations, in which the signatories acknowledged their "social responsibility to work with other stakeholders — healthcare…
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By Miao Li* — The 4th amendment to the Chinese Patent Law ("New CN Patent Law") will take effect on June 1, 2021. This amendment represents a significant milestone in the evolution of the patent regulatory framework in China, given the unprecedented level of protection to which patent owners will become entitled. A particularly notable…
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By Kevin E. Noonan — Plus ça change, plus c'est la même chose – Jean-Baptiste Alphonse Karr, 1862 Or maybe not. On April 30th, Ambassador Katherine Tai, U.S. Trade Representative (USTR), issued the 2021 Special 301 Report. In a press release, the USTR stated that "[i]ntellectual property rights incentivize our creators, manufacturers, and innovators to…
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By Donald Zuhn — Earlier this month, United States Trade Representative Katherine Tai announced "the Biden-Harris Administration's support for waiving intellectual property protections for COVID-19 vaccines." One day prior to Ambassador Tai's announcement, a group of Republican legislators sent a letter to the Ambassador urging the Biden Administration to continue the United States' opposition to…
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By Kevin E. Noonan — Dennis Crouch, our colleague at Patently-O, tweeted last week that there have been 148 U.S. patents granted having disclosure related to (COVID-19 or SARS-CoV-2); see Search of U.S Patent and Trademark Office Patent Full-Text and Image Database and With regard to issues involving the proposed WTO IP waiver (see "If…
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By Donald Zuhn — Yesterday, Sen. Steve Daines (R-MT) wrote to President Joseph Biden to share his concerns regarding the Biden Administration's support for waiving intellectual property protections for COVID-19 vaccines and urge the President to reconsider his position on the proposed waiver. In his letter, Sen. Daines (at right) asserted that "[s]uspending World Trade Organization…
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