ArticleThe Federal Circuit's First Enablement Decision Since AmgenFederal Circuit applied Amgen v. Sanofi, 598 U.S. 594 (2013)in deciding that claims 1-4, 19 and 20 of Baxalta's hemophilia patent, U.S. Patent 7,033,590 (‘590)...United StatesIntellectual PropertyOblon
ArticleUpdates To Method For Filing Certain Documents With The USPTOEffective March 29, 2024, the U.S. Patent and Trademark Office (USPTO) issued a final rule to revise 37 C.F.R. §§ 90.2, 90.3, and 2.145 by updating how the following documents are to be filed with the USPTO Director...United StatesIntellectual PropertyOblon
ArticleUSPTO Announces COVID-19 Deferred-Fee Provisional Patent Application Pilot ProgramThe United States Patent and Trademark Office (USPTO) today announced a collaborative deferred-fee provisional patent application pilot program for inventions that combat COVID-19. United StatesIntellectual PropertyOblon
ArticleUSPTO Announces Fast-Track Appeals Pilot ProgramOn Wednesday, July 1, 2020, the USPTO issued a release stating: The United States Patent and Trademark Office (USPTO) today announced plans for the Patent Trial and Appeal Board (PTAB)...United StatesIntellectual PropertyOblon
ArticleUSPTO Announces Final Rule On Standardization Of Patent Term Adjustment Statement For Information Disclosure StatementsOn June 15, 2023, the U.S. Patent and Trademark Office (USPTO) issued a final rule on the filing of a Patent Term Adjustment (PTA) statement regarding an Information Disclosure Statement (IDS).United StatesIntellectual PropertyOblon
ArticleUSPTO Extends Cancer Immunotherapy Pilot ProgramTo accelerate innovation in the health and medical fields, the USPTO published a Federal Register Notice announcing a fifth extension of its Cancer Immunotherapy Pilot Program.United StatesIntellectual PropertyOblon
ArticleUSPTO Issues Updated Guidance On Use Of Applicant Admitted Prior Art In IPR ProceedingsOn June 9, 2022, the USPTO issued updated guidance on the use of applicant admitted prior art (AAPA) in IPR proceedings, expanding upon a similar memorandum issued under prior Director Iancu. United StatesIntellectual PropertyOblon
ArticleUSPTO Publishes Request For Comments Regarding The Impact Of The Proliferation Of Artificial Intelligence On Prior ArtOn April 30, 2024, the USPTO published a Request for Comments on the future impact of publications by generative AI on the issue of prior art. Previously, the USPTO has consistently come down against generative AI.United StatesIntellectual PropertyOblon
ArticleUSPTO Sunsets The After Final Consideration Pilot Program 2.0 (AFCP 2.0)The U.S. Patent and Trademark Office (USPTO) announced that it is temporarily extending the After Final Consideration Pilot Program 2.0 (AFCP 2.0) through December 14, 2024...United StatesIntellectual PropertyOblon
ArticleUSPTO Transitions To Electronic Trademark Registration Certificates Ahead Of Schedule On May 24, 2022The USPTO will issue the registrations electronically under the electronic signature of the Director and with a digital seal, which will authenticate the registration. United StatesIntellectual PropertyOblon
ArticleUSPTO Updates "IP5 PCT Collaborative Search And Examination Pilot"Beginning July 1, the USPTO will accept new international applications to the IP5 Patent Cooperation Treaty (PCT) Collaboration Search and Examination Pilot (CS&E). United StatesIntellectual PropertyOblon
ArticleClaim Indefiniteness To Provide An End Around SAS?In Samsung Electronics America, Inc. v. Prisua Engineering Corp., the Fed. Cir. confirmed that, outside of the context of a motion to amend, the PTAB cannot cancel claims for indefiniteness in an IPR proceeding. United StatesLitigation, Mediation & ArbitrationOblon
ArticleALJ Bullock Grants-in-Part Motion For Summary Determination Of Violation By Defaulting Respondents In Certain In Vitro Fertilization Products (337-TA-1196)On April 28, 2021, Chief ALJ Charles E. Bullock issued the public version of Order No. 10 (dated April 16, 2021) granting-in-part Complainant EMD Serono, Inc.'s...United StatesIntellectual PropertyOblon
ArticleBiologic Patent Transparency Act - New Bill Aimed At BiologicsA 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 ...United StatesIntellectual PropertyOblon
ArticleFederal Circuit Reverses Novartis Gilyena Negative Limitation DecisionOn June 21, 2022, the Federal Circuit acting on a request for panel rehearing in the decision by the Federal Circuit in Novartis v. Accord Health Care, Inc., 21 F.4th 1362 (Fed. Cir. 2022), affirming...United StatesIntellectual PropertyOblon
ArticleIn A Rule 12(b)(6) Motion To Dismiss Patentee's IPR Arguments Doom Its Complaint For Patent InfringementThe key point is that representations made in an IPR as to claim scope can provide a basis for a dismissal on the pleadings.United StatesIntellectual PropertyOblon
ArticleIs Real And Positive Change Coming For Patent Owners?New USPTO Director Andrei Iancu provided the Intellectual Property Track plenary lecture at the 2018 BIO International Convention last week.United StatesIntellectual PropertyOblon
ArticleITC Institutes Investigation (337-TA-1271) In Certain Silicon Photovoltaic CellsOn July 14, 2021, the ITC issued a Notice of Investigation in Certain Silicon Photovoltaic Cells and Modules With Nanostructures, and Products Containing the Same (Inv. No. 337-TA-1271).United StatesIntellectual PropertyOblon
ArticleITC Institutes Investigation (337-TA-1285) In Certain Barcode ScannersOn October 29, 2021, the ITC issued a Notice of Investigation in Certain Barcode Scanners, Mobile Computers With Barcode Scanning Capabilities, Scan Engines, and Components Thereof (Inv. No. 337-TA-1285).United StatesIntellectual PropertyOblon
ArticleUnderstanding "At Least One Of A And B" (Article In Korean)Understanding "At Least One Of A And B"United StatesIntellectual PropertyOblon