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Drafting Patents

Oct 19, 2018

Calculating Patent Term Adjustment (PTA) – An Overview

As discussed in our previous post, Patent Term Adjustment (PTA) under 35 U.S.C. §154(b) and Patent Term Extension (PTE) under 35 U.S.C. §156 provide for extensions on the standard patent term, which can be very valuable for products that have long development and/or regulatory approval lifecycles, such as in the case of pharmaceuticals. » Read More

Jul 03, 2018

“Commensurate in Scope with the Claims”: Misphrased?

If you’ve been prosecuting patents for any significant length of time, you’ve probably been hit with the objection that your data, while surprising and unexpected, are not “commensurate in scope with your claims.” Maybe you have some understanding of what this phrase means. » Read More

Jun 11, 2018

Effective and Efficient Filings of Your Design Patent Application/Registration (U.S.A.)

In my prior post I discussed benefits of seeking design patent protection for your products, which can often provide effective protection for products to be imported and marketed in the United States of America. This protection can be exclusive of but concurrent with any “regular utility” patent applications filed in the USA.  » Read More

May 29, 2018

Inventorship: If it Walks Like a Dog, Barks Like a Dog, and Looks Like a Dog, it Must Be a Dog

At the beginning of May, the Federal Circuit weighed in on a wacky inventorship dispute in In re VerHoef.

When it comes to co-inventorship, it can be in one’s best interest to play nicely.

It seems, the main inventor, Jeff H. » Read More

Mar 20, 2018

The Patenting Process (Never Give Up!)

The patenting process begins with an “application.”  A patent application is different than what the title “application” normally implies.  This is not a form that one might fill out, as is the case with most normal applications.  Instead, a patent application is a detailed, written description of the invention (referred to as a “specification”), ending with a set of “claims.”  The specification is akin to a textbook article describing the invention.  » Read More

Feb 21, 2018

Remarks Delivered to The Knowledge Groups Webinar on “Patent Protection for Pharma and Biotechnology in 2018”

On January 26, I was a panelist for The Knowledge Group Webinar on “Patent Protection for Pharma and Biotechnology in 2018.” I discussed the Evolving Role of Secondary Considerations in Formulation Obviousness and the Use of Post-Priority-Date Evidence to Show Lack of Written Description. » Read More

Dec 05, 2017

Don’t Forget About Design Patents!

When thinking about “patents,” inventors and organizations too often overlook the lesser known siblings of the “regular utility” patent …namely “Design” patents and “Plant” patents.  (I won’t discuss the latter as they are very specific to certain types of plants, but rather will focus on the former.) In this first of several related articles, I review the range of design patents relevant to product manufacturers.  » Read More

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