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 Kevin E. Noonan — On April 29th, Ambassador Robert Lighthizer, U.S. Trade Representative (USTR), issued the 2020 Special 301 Report. In a press release, the USTR stated that "[t]he Trump Administration is committed to holding intellectual property rights violators accountable and to ensuring that American innovators and creators have a full and fair opportunity…
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By Donald Zuhn — On March 11, World Health Organization Director-General Tedros Adhanom declared that the COVID-19 outbreak "can be characterized as a pandemic," cautioning that the WHO has "rung the alarm bell loud and clear." At the time of the announcement, the WHO noted that there were 118,000 cases reported globally; in its situation…
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By Donald Zuhn –- On March 11, World Health Organization Director-General Tedros Adhanom declared that the COVID-19 outbreak "can be characterized as a pandemic," cautioning that the WHO has "rung the alarm bell loud and clear." At the time of the announcement, the WHO noted that there were 118,000 cases reported globally; in its situation…
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By Kevin E. Noonan — Last January 17th, the Opposition Division (OD) of the European Patent Office revoked in its entirety European Patent No. EP 2771468, which named as Proprietors The Broad Institute, MIT, and Harvard College and had been opposed by Novozymes A/S, CRISPR Therapeutics GG, and several strawmen). Almost one year later to…
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By Kevin E. Noonan — On January 15th, the U.S. and China announced bilateral approval of an agreement resolving some of the trade disputes between the two countries that have developed (or become more evident) over the past three years. One of the most consistent (if sometimes incoherently expressed) policy positions taken by the Trump…
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By Dan Feigelson* — Many patent practitioners will never have need to file a patent application in Israel, a country of nine million people that's geographically smaller than New Jersey. But if you're one of those practitioners who does file in Israel from time to time — and I suspect that readers of Patent Docs…
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By Grant Shoebridge* — In July 1969, as a young boy, I watched in awe, along with the rest of world, as the United States of America put two men on the moon. Years later in 2011, the then Prime Minister of Australia, Julia Gillard, stood before U.S. Congress and recalled the same moon-landing memory…
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By Tim Fitzgerald* and Michael Finney** — 'Swiss format' or 'Swiss-type' patent claims have a general structure similar to the following: Use of compound X in the manufacture of a formulation for the treatment of medical condition Y. Swiss-type claims were originally approved by the Swiss Patent Office as a mechanism to allow for protection…
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By Antony Craggs — Since the introduction of the doctrine of equivalents in the UK in Actavis v Lilly, it has been questioned whether a claim can be extended by said doctrine (so that a product infringes the claim) where such an extension would render the claim obvious over the prior art at the priority…
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By Hanns-Juergen Grosse* — The approach of the European Patent Office (EPO) to prohibition of double patenting is well established and may, at a first glance, also seem well founded. Broadly speaking, the prohibition of double patenting is meant to mean that two patents cannot be granted to the same applicant for one invention (in…
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