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Four Decisions Designated Informative on 101: Positive Trend for Life Sciences?
In January, 2019, the USPTO issued new guidance about what constitutes an abstract idea that is ineligible for protection under Section 101.
"Statutory" Obviousness-Type Double Patenting for Pharma Patents?
As all patent practitioners know, obviousness-type double patenting is a judicially created doctrine to prevent the unjust extension of patent term of follow on patents that are simply obvious variants of earlier patents.
Written Description In Provisional Application: Perdue Pharma L.P. v. Andrei Iancu.
Amneal Pharmaceuticals, LLC. ("Amneal") filed two petitions for inter partes review of claims 1–13 and 16–19 of U.S. Patent No. 9,034,376 ("the '376 patent") of Purdue Pharma L.P., P.F. Laboratories, Inc. and Purdue Pharmaceuticals L.P. ("Purdue").
What You Say Can Hurt You
Often in writing applications there is a tendency to denigrate prior art techniques. This is not risk free as the patentee in Nuvo Pharmaceuticals (Ireland) v. Dr. Reddy's Laboratories, Inc. (Fed. Cir. May 15, 2019) discovered.
AI: IP Policy Consideration
On January 31, 2019, the U.S. Patent and Trademark Office (US PTO) organized a full-day event titled "Artificial Intelligence: Intellectual Property Policy Considerations" which included numerous speakers such as government administrators, academics, industry leaders, and practitioners. One of the many topics discussed the challenges of patenting AI, implications of advancing AI technology on IP laws such as copyright and trademarks, and perspectives on AI policies around the world. In the following slides, some of the topics are summarized with highlights and comments: (i) focus areas of the current administration for promoting AI R&D in US, (ii) key aspects of AI and strategies for preparing AI related patent applications, and (iii) perspectives on AI policies in EU, China, Singapore, and Japan.
USPTO Event -
How the EPO and USPTO Guidance Will Help Shape the Examination of Artificial Intelligence Inventions
Robert Tarcu has an article featured in IPWatchdog entitled "How the EPO and USPTO Guidance Will Shape the Examination of Artificial Intelligence Inventions."
IP Watchdog
Sameer Gokhale featured in The Journal of Robotics, Artificial Intelligence & Law
Sameer Gokhale wrote an article for the Journal of Robotics, Artificial Intelligence and Law entitled: "Patent Issues for AI and Factory Automation Inventions."
The Journal of Robotics, Artificial Intelligence & Law (RAIL) - Vol 2, No.3
Biologic Patent Transparency Act - New Bill Aimed at Biologics
A bipartisan group of senators sponsored a bill this week—the Biologic Patent Transparency Act, S. 659—aimed at making patent information associated with biologics easier to identify and easing the approval process for biosimilar manufacturers encountering patent roadblocks.
The Federal Circuit Stays the Course in Patent Ineligibility for an Abstract Idea
In a precedential opinion issued on February 26, 2019, the Federal Circuit affirmed the District Court's finding of patent ineligibility for a claim "directed to the abstract idea of "collecting, analyzing, manipulating, and displaying data."" University of Florida Research Foundation Inc. v General Electric Company et al (Fed. Cir. 2019).
