Apotex Inc. v. UCB, Inc.

Apotex Inc. v. UCB, Inc.

The Federal Circuit upheld a district court decision that Apotex’s patent was unenforceable due to inequitable conduct.  The patent related to a process for manufacturing tablets for high blood pressure treatment.  The patent claimed a “reacting” step, which during prosecution, the inventor argued earlier processes did not include.  The inventor submitted an expert declaration in […]

PTAB Issues First Precedential Opinion

PTAB Issues First Precedential Opinion

The US Patent Office’s Patent Trial and Appeal Board has issued its first precedential opinion in an AIA post-grant proceeding, Securebuy, LLC v. CardinalCommerce Corp., CBM2014-00035, Paper 12. Petitioner SecureBuy had filed a civil action seeking declaratory judgment, and had later petitioned for covered business method review (a process similar to post-grant review). The relevant […]

Maintenance on trademark systems by USPTO

Maintenance on trademark systems by USPTO

On Saturday, August 23, 2014, the USPTO will perform maintenance on the following trademark systems: (1) The Trademark Manual of Examining Procedure (TMEP) will be unavailable from 12:01 a.m. until 5 a.m. ET. (2) The Trademark Electronic Application System (TEAS) and Trademark Electronic Application System International (TEASi) will be unavailable from 8 a.m. until 4 […]

Should an ovum be protected with a patent?

Should an ovum be protected with a patent?

Advocate General’s Opinion in Case C-364/13 International Stem Cell Corporation v Comptroller General of Patents According to Advocate General Cruz Villalón, an ovum whose development has been stimulated without fertilisation and which is not capable of becoming a human being cannot be considered a human embryo However, if this ovum is genetically manipulated in such […]

Advocate General’s Opinion in Case C-364/13 International Stem Cell Corporation v Comptroller General of Patents According to Advocate General Cruz Villalón, an ovum whose development has been stimulated without fertilisation and which is not capable of becoming a human being cannot be considered a human embryo However, if this ovum is genetically manipulated in such […]
Charles W. Hull awarded within European Inventor Award 2014

Charles W. Hull awarded within European Inventor Award 2014

The EPO presented the European Inventor Award 2014, last month in Berlin to outstanding inventors or teams, honouring their contribution to social, economic and technological progress. The award ceremony, held at the former Kaiserliches Telegrafenamt (Imperial Telegraph Office) in Germany’s capital, was attended by some 500 guests from the fields of business, science, culture and politics, including German […]

IP5 Heads of Office meeting in Busan – public access to patent information

IP5 Heads of Office meeting in Busan – public access to patent information

The Korean Intellectual Property Office (KIPO) hosted a meeting of the heads of the five major intellectual property offices, known as the IP5, in Busan, Korea from June 4 to 6, 2014, with the participation of the European Patent Office (EPO), the Japan Patent Office (JPO), the State Intellectual Property Office of the People’s Republic […]

IP5 Heads of Office meeting in Busan - public access to patent information

IP5 Heads of Office meeting in Busan – public access to patent information

The Korean Intellectual Property Office (KIPO) hosted a meeting of the heads of the five major intellectual property offices, known as the IP5, in Busan, Korea from June 4 to 6, 2014, with the participation of the European Patent Office (EPO), the Japan Patent Office (JPO), the State Intellectual Property Office of the People’s Republic […]

Expediting Patent Application Examination in the USPTO

Expediting Patent Application Examination in the USPTO

Introduction In the past, all newly filed United States patent applications were generally put in the same queue, providing the applicant no control over when their application would be examined.  However, the USPTO has responded in recent years to customer input on this issue, with a number of initiatives allowing applicants some control over the […]

Change in Claim Definiteness Requirement in the United States

Change in Claim Definiteness Requirement in the United States

In a landmark decision today, June 2, 2014, the United States Supreme Court disagreed with a decision of the Court of Appeals of the Federal Circuit (CAFC) on just how definite a claim must be to avoid invalidity. The CAFC had previously held that a claim was not invalid for indefiniteness unless it was “insolubly […]

The USPTO Deems Changes to 35 USC 119(e)(3) Made in the PLTIA Automatic and Retroactive

The USPTO Deems Changes to 35 USC 119(e)(3) Made in the PLTIA Automatic and Retroactive

The Patent Law Treaty Implementation Act (PLTIA)2 changed 35 USC 119(e)(3), as explained in section IV, in my prior article “Restoration of Priority.”3 There is now a USPTO decision on 35 USC 119(e)(3), as amended by the PLTIA.  The decision is from a “petition under 37 CFR 1.78(b), … to regain benefit of the provisional […]

USPTO Proposes Reducing Certain Trademark Fees To Lower Costs And Promote Efficiency For Customers

USPTO Proposes Reducing Certain Trademark Fees To Lower Costs And Promote Efficiency For Customers

USPTO also proposes new TEAS Reduced Fee filing option Washington– The U.S. Commerce Department’s United States Patent and Trademark Office (USPTO) today issued a Notice of Proposed Rulemaking (NPRM) proposing to reduce fees for many new trademark applications and most renewals of registration. USPTO also proposes a new Trademark Electronic Application System Reduced Fee (TEAS RF) filing option […]

CIOPORA AGM 2014 in The Hague: Ornamental and Fruit Breeders Define the Association’s Future IP Position

CIOPORA AGM 2014 in The Hague: Ornamental and Fruit Breeders Define the Association’s Future IP Position

Hamburg, March 11/2014 Many of the ornamental and fruit breeders, united in CIOPORA since 1961, have been writing the history of the breeding industry for more than a century. On April 1 and 2, 2014, CIOPORA members will also receive an opportunity to define its future by providing their input to the texts of the […]

World IP day at US Copyright Office

World IP day at US Copyright Office

The U.S. Copyright Office will present a Copyright Matters program in connection with World Intellectual Property Day on Wednesday, April 23, at 1:45 p.m. This year’s theme, as announced by the World Intellectual Property Organization, is “Movies: A Global Passion.” The program will feature remarks from Francis Gurry, Director General of the World Intellectual Property […]

Intellectual Property Egypt 2014

Intellectual Property Egypt 2014

Three years after the revolution, Egypt is adopting a new constitution supporting the intellectual property rights protection.  Given the unemployment rate of 13 percent for 2013, Egypt sees now the opportunities for the country`s development in investment in scientific researches and “knowledge economy”. That is why the efforts in intellectual property rights protection are an […]

Three years after the revolution, Egypt is adopting a new constitution supporting the intellectual property rights protection.  Given the unemployment rate of 13 percent for 2013, Egypt sees now the opportunities for the country`s development in investment in scientific researches and “knowledge economy”. That is why the efforts in intellectual property rights protection are an […]
New peak at the European Patent Office: more than 265 000 patent filings received in 2013 (+2.8%)

New peak at the European Patent Office: more than 265 000 patent filings received in 2013 (+2.8%)

The EPO received more than 265 000 patent filings in 2013. This is a 2.8% increase over 2012 (257 700 filings), and a new all-time high. Last year, after a high-quality search and examination process, the EPO granted and published 66 700 patents, which was 1.7% more than in 2012 (65 600). “The figures underline […]