Patent Law Weblog
recent posts
- Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
- Bayer Files Suit Against Trio of COVID-19 Vaccine Makers
- Allen v. Cooper (4th Cir. 2026)
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
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Category: Patent Legislation
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By Michael Borella — On May 22, a bipartisan and bicameral group of senators and representatives released a draft bill that proposes significant changes to 35 U.S.C. § 101 and the law of patent eligibility. This draft bill follows a framework that the group released in April. Patent eligibility has been a source of much…
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By Kevin E. Noonan — A great deal of faith has recently been given to Congress by the patent community, spurred by efforts to solve the conundrums in patent law created by several recent Supreme Court decisions (and aided and abetted by the U.S. Patent and Trademark Office, district courts, and the Federal Circuit). Last…
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By Kevin E. Noonan — Over the past six years, since the Supreme Court handed down its decision in Mayo Collaborative Services, Inc. v. Prometheus Laboratories, it has become more and more evident that correction of the path embarked upon by the USPTO, the district courts, and the Federal Circuit could only occur if Congress…
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By Kevin E. Noonan — On March 8th, a canonical "bipartisan of Senators" (a phrase used to signal bills that must be in the public interest because these Senators put aside business as usual to reach across the aisle) introduced S.659, entitled "The Biologic Patent Transparency Act." These Senators (Collins, R-ME; Kaine, D-VA; Portman, R-OH;…
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By Donald Zuhn –- A bill introduced in the House last July by Rep. Lloyd Doggett (D-TX) (at right), which could adversely impact pharmaceutical manufacturers holding drug patents, is starting to draw the attention of those outside the patent community. Last week, National Public Radio reported on the bill (H.R. 6505), entitled the "Medicare Negotiation…
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By Kevin E. Noonan – In the 1970's, the New York Tristate area was entertained by (or subjected to) television and radio ads for a discount stereo outlet named Crazy Eddie's. Under the tag line "Our Prices are Insane," the ads involved a number of outrageous scenarios, one of which was "Christmas in July" (or August),…
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By Donald Zuhn — In a letter sent to U.S. Patent and Trademark Office Director Andrei Iancu earlier this month, the Intellectual Property Law Association of Chicago (IPLAC) presented its proposal for a revised version of 35 U.S.C. § 101. IPLAC described its proposal as a harmonized version of revisions to § 101 proposed by…
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By Kevin E. Noonan — In a development that could moot (once and for all) the controversy over tribal sovereign immunity occasioned by the St. Regis Mohawk Tribe's ownership of patents relating to Allergan's Restasis formulation for treating disorders of the eye, a group of Senators including Tom Cotton (R-AK), Claire McCaskill (D-MO), Pat Toomey…
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By Kevin E. Noonan – Motivation is an important factor in any policy-based decision. Understanding motivation — whether considering legislation, programs by administrative agencies, or judicial decisions — can go a long way towards creating strategies to support or counteract a policymaker's activities. The Supreme Court is not supposed to be a policy-making institution, but to…
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By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 11th annual list of top patent stories. For 2017, we identified nineteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and…
Patent Docs 