News
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USPTO women leaders
(2/5/13)
All USPTO top leaders are women
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Unitary European patent
(2/5/13)
Unitary European patent
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Patenting software
(2/5/13)
Patenting software
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AIA Corrections Bill
(2/5/13)
AIA Corrections Bill
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Micro-entity fees status
(2/5/13)
Micro-entity fees status available in 2013
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International design patent
(12/25/12)
International design patent application
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Monsanto seed patents
(12/25/12)
Supreme Court to review Monsanto seed patents
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Gene patents
(12/25/12)
Supreme Court to review gene patents
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Reverse payments
(12/25/12)
Supreme Court to review reverse payments
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David Kappos departure
(12/25/12)
David Kappos to depart from USPTO
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Divided infringement
(9/16/12)
Akamai Technologies, Inc. v. Limelight Networks, Inc. and McKesson Technologies, Inc. v. Epic Systems Corp.
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Changes to patent law
(9/16/12)
September 16, 2012 changes to patent law - AIA
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Apple’s patent verdict
(9/06/12)
Apple’s billion-dollar patent verdict
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Monsanto’s verdict
(9/06/12)
Monsanto’s billion-dollar verdict
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Solicitor General and Monsanto
(9/06/12)
Solicitor General sides with Monsanto
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Text2PTO
(9/06/12)
New Text2PTO service
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Provisions of the AIA
(8/19/12)
More provisions of the AIA to become effective
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Isolated DNA molecules patentable
(8/19/12)
Isolated DNA molecules patentable
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Supreme Court in civil action case
(5/21/12)
Supreme Court affirms Federal Circuit in Section 145 civil action case
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Supreme Court in drug case
(5/21/12)
Supreme Court reverses Federal Circuit in drug case
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Patent fee increase
(5/21/12)
Patent fees to increase in October 2012
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International patents
(5/21/12)
International patent exhaustion?
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First Sale Doctrine
(5/21/12)
First Sale Doctrine case goes to Supreme Court
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Prometheus reaches the internet
(5/21/12)
Prometheus reaches the Internet
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GVR issued in Myriad
(4/3/12)
GVR issued in Myriad
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USPTO issues guidance
(4/3/12)
USPTO issues Prometheus guidance
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Mayo v. Prometheus
(4/3/12)
New Patent-Eligible Subject Matter Case
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EPO Fees increase
(3/16/12)
EPO Fees increase April 1, 2012
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Statute of Limitations
(2/22/12)
Statute of Limitations rules
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Miscellaneous Post-Patent
(2/22/12)
Miscellaneous Post-Patent rules
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Inventor’s Oath or Declaration
(2/22/12)
Inventor’s Oath or Declaration Rules
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Supplemental Examination
(2/22/12)
Supplemental Examination rules
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Proposed patent fees
(2/22/12)
List of proposed patent fees
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Patents for humanity
(2/22/12)
Patents for humanity
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New proceedings rule-making
(2/22/12)
New proceedings rule-making
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USPTO Fees revision
(2/17/12)
USPTO Fees revision
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USPTO Budget Threatened?
(2/10/12)
USPTO budget threatened?
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AIA Rules changes
(2/10/12)
AIA Rules changes
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Preissuance Submissions rules
(2/10/12)
Preissuance Submissions rules
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Sunnyvale AIA meetings
(2/10/12)
Sunnyvale AIA meetings
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Green Technology Pilot
(1/01/12)
Patent Application Exchange Program ended; Green Technology Pilot Program extended
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Extended Missing Parts Pilot
(1/01/12)
Extended Missing Parts Pilot Program continued another year
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Prioritized examination
(1/01/12)
Prioritized examination for RCEs
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Judge Evan Wallach
(12/5/11)
Judge Evan Wallach joins the Federal Circuit
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Richard G. Taranto
(12/5/11)
Richard G. Taranto nominated to Federal Circuit
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USPTO increased spending
(12/5/11)
Patent and Trademark Office allowed to spend more money
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Paper filing fee
(12/5/11)
Fee for paper filing of patent applications
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Therasense Standard
(12/5/11)
No inequitable conduct under Therasense Standard
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Patent fees increased by 15%
(9/28/11)
Patent fees increased by fifteen percent on September 26, 2011
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Track I fees and rules
(9/28/11)
Track I prioritized examination fees effective September 26, 2011; rules issued
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President signs Invention Act
(9/19/11)
President Obama signs "Leahy-Smith America Invents Act"
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President to sign Invention Act
(9/15/11)
President to sign the “Leahy-Smith America Invents Act”
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Senate passes Invention Act
(9/13/11)
Senate passes the “Leahy-Smith America Invents Act”
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"America Invents Act" details
(9/13/11)
Leahy-Smith America Invents Act: Sections that are effective upon enactment
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Invalid claims due to description
(9/13/11)
Patent claims held invalid due to violation of the written description requirement
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House passes Patent Reform Act
(6/24/11)
House of Representatives passes Patent Reform Act
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“Clear and convincing”
(6/13/11)
“Clear and convincing” remains the standard of proof for invalidating a patent
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Birds and butterflies
(6/10/11)
Birds and butterflies: when art is not analogous
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Bayh-Dole Act ruling
(6/10/11)
Supreme Court holds that Bayh-Dole Act does not automatically transfer the ownership of federally funded inventions
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“Willful blindness”
(6/10/11)
“Willful blindness” replaces “deliberate indifference or ignorance” for active inducement of infringement of a patent
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Inequitable conduct
(6/10/11)
Therasense: accused infringers must jump higher hurdles to prove inequitable conduct
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Joint infringement cases
(6/10/11)
Joint infringement to be revisited in two cases by the Federal Circuit
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Patent application interview
(5/27/11)
Patent applications in all technologies are now eligible for an examiner interview before the first office action
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Prioritized examination on hold
(4/27/11)
Budget cut forces economy measures at Patent Office
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Patent Reform Bill in House
(4/27/11)
H.R. 1249 passed out of committee
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Welcome Judge Reyna
(4/27/11)
Judge Jimmie V. Reyna joins the United States Court of Appeals for the Federal Circuit
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Examination available 5/4/11
(4/5/11)
Track I examination will be available May 4, 2011
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e-Petitions
(4/5/11)
e-Petitions
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False patent marking claims
(3/21/11)
False patent marking claims require more detailed allegations in the complaint
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Patent false marking statute
(3/21/11)
Is the patent false marking statute unconstitutional?
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Federal Circuit and Supreme Court
(3/21/11)
Chief Judge Rader comments on the difference in the cultures of the Federal Circuit and the Supreme Court
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Senate passes patent reform bill
(3/9/11)
Senate passes patent reform bill
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Senate debates patent reform bill
(3/7/11)
Senate debates patent reform bill
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Supreme Court hears patent cases
(3/7/11)
Supreme Court hears patent cases on active inducement of patents and university ownership of inventions developed using federal money
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The “America Invents Act”
(3/7/11)
The “America Invents Act” and first-to-file
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Track I for fast patent examination
(2/23/11)
Track I for fast patent examination
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New deputy director
(2/23/11)
Former AIPLA president appointed to be deputy director of the United States Patent and Trademark Office
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Patent reform bill introduced
(1/28/11)
Patent reform bill introduced in the new 112th Congress
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Other patent bills introduced
(1/28/11)
Other patent bills introduced in the 112th Congress
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New Federal Circuit judge
(12/31/10)
Judge Kathleen O’Malley to serve on Federal Circuit
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USPTO first regional office
(12/31/10)
USPTO will establish its first regional office in Detroit
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Trial program for patent judges
(12/31/10)
Patent bill passed: trial program will develop district court judges with patent expertise
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Medical process patent
(12/31/10)
Medical process patent held directed to statutory subject matter following remand in view of Bilski v. Kappos
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Guidance on joint infringement
(12/31/10)
Instructions and a contract are not enough: Federal Circuit gives further guidance on joint infringement
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Omitting an inventor when filing
(12/31/10)
Lengthy litigation shows the perils of omitting an inventor when filing a patent application
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Pilot program to defer fees
(12/10/10)
New pilot program allows patent applicants to defer fees
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Supreme Court to hear i4i case
(12/10/10)
Supreme Court decides to hear i4i case on the level of proof needed to invalidate a patent
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USPTO patent process goals
(12/10/10)
USPTO claims success in meeting patent process goals
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Appeals and interferences rules
(12/10/10)
Board of patent appeals and interferences rules to be revised
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European Patent Office rules
(12/10/10)
Revisions to European Patent Office rules help applicants
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Abandon and make special program
(12/10/10)
Abandon and make special program extended
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Green technology program
(11/12/10)
Green technology pilot program extended
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Revitalization of Section 145
(11/12/10)
Revitalization of Section 145 District Court cases to obtain a patent
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Patent application delays
(11/12/10)
Deliberate delay in prosecuting a patent application not always fatal
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USPTO and EPO cooperate
(11/05/10)
USPTO and EPO agree to cooperate on patent classification scheme
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European patent search
(11/05/10)
January 1, 2011: Submit search reports for European patent applications
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Commissioner's comments
(11/05/10)
Commissioner for Patents comments on the U.S. patent system at a recent conference
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Unexamined patent applications
(10/29/10)
USPTO statistics show that the backlog of unexamined patent applications is decreasing, more applications are being allowed, and the number of requests for continued examination being filed has not decreased
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Active inducement infringement
(10/29/10)
Supreme Court grants certiorari to clarify the requisite intent or knowledge for active inducement infringement
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Invention conceived outside U.S.
(10/2910)
Prior invention defense scuttled because the asserted prior invention was conceived outside the United States
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False patent marking statute
(10/29/10)
Another bill is presented to amend the false patent marking statute and deter the patent marking police
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Peer-to-Patent Program
(10/22/10)
Peer-to-Patent Program expanded
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Active inducement infringement
(10/22/10)
Supreme Court grants certiorari to clarify the requisite intent or knowledge for active inducement infringement
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Therasense inequitable conduct?
(10/22/10)
Therasense: the Federal Circuit will reconsider inequitable conduct
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Assignment of patent rights
(10/11/10)
Assignment of patent rights to non-existent corporation
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Releases have to be specific
(10/11/10)
Releases have to be specific to cover patent claims and defenses
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Patented molecule not obvious
(10/11/10)
Patented molecule differing by one atom from a prior art molecule not obvious
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Senators request patent reform bill
(09/17/10)
Twenty-five senators request that majority leader Reid bring up the patent reform bill
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When is a preamble limiting?
(09/17/10)
Patent claims are usually written in the form of a preamble followed by the limitations or elements of the invention
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Technology training for examiners
(09/17/10)
Technology training for all patent examiners
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Patent marking police have standing
(09/10/10)
Patent marking police have standing when filing actions against the makers of products marked with false patent notices
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Guidelines for obviousness
(09/10/10)
USPTO issues updated patent examination guidelines for determining obviousness
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Artificial mulch
(09/10/10)
Best mode of making artificial mulch
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New patents dashboard
(09/10/10)
USPTO’s new patents dashboard
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Canadian duty of disclosure
(09/03/10)
Increased duty of disclosure for Canadian patent applications
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Patent misuse doctrine limits
(09/03/10)
Patent misuse doctrine limited by Federal Circuit
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Should genes be patented?
(08/27/10)
Should genes be patented in the United States?
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Means-plus-function case
(08/27/10)
Another case on the limits of means-plus-function claiming
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Patent Office social networking
(08/23/10)
The United States Patent and Trademark Office is a social networker.
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Ombudsman Program review
(08/23/10)
Ombudsman Pilot Program review.
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Inequitable conduct reform
(08/23/10)
Patent applicants and owners have hope that the court will clarify its inequitable conduct law
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Means-plus-function claims
(08/23/10)
Be careful about using means-plus-function claims
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Reasonable interpretation
(08/23/10)
Broadest reasonable interpretation must be reasonable
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Offer of sale outside the U.S.
(08/23/10)
An offer of sale can infringe a U.S. patent even if the offer is presented outside of the U.S.
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Patent Office funding increased
(08/13/10)
U.S. Patent and Trademark Office funding increased.
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Patent application backlog
(08/13/10)
The Patent Application Backlog Reduction Stimulus Plan is extended.
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“Mastermind” requirement
(08/13/10)
The Federal Circuit requires a “mastermind” for joint infringement determinations.
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Supreme Court: Bilski v. Kappos
(08/1/10)
Bilski v. Kappos: Machine or transformation is not the sole test for determining whether a process is patentable subject matter in the United States .
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Patent marking police file lawsuits
(07/30/10)
Patent marking police continue to file cases after Solo Cup case.
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Guidelines for patent subject matter
(07/30/10)
U.S. Patent and Trademark Office issues interim guidelines for examining subject matter patent eligibility of processes in view of Bilski v. Kappos.
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Expedited patent applications
(07/23/10)
Agreement between the European Patent Office and the United States Patent and Trademark Office for Expedited Examination of Patent Applications may expire on September 30, 2010.
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Carefully drafted patents
(07/16/10)
The importance of a carefully drafted patent specification: Telcordia Technologies, Inc. v. Cisco Systems, Inc. (Fed. Cir. July 6, 2010).
In two ways the decision in Telcordia Technologies shows how the specification of a patent application can limit or even invalidate the claims that are issued in a patent.
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Patent Office applies In re Bilski
(07/16/10)
The Patent Office applies In re Bilski to processes eligible for patenting: interim instructions for patent examiners encourage applicants to explain why their claimed inventions are not directed to abstract ideas even if they fail the machine or transformation test. On June 28, 2010, the acting associate Commissioner for Patent Examination Policy, Robert Bahr, gave preliminary guidance to patent examiners for applying the In re Bilski decision that the Supreme Court handed down that day.
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European Union limits protection
(07/16/10)
The highest court of the European Union limits the legal protection of a biotechnology invention: Monsanto Technology LLC v. Cefetra BV (Court of Justice, July 6, 2010). The highest European Union court determined in Monsanto v. Cefetra that soybean meal imported from Argentina (where Monsanto has no patent on genes added to soybeans to increase resistance to herbicide) to Europe (where such genes of modified soybeans are patented) is not forbidden.
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