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Mar 04, 2019

Supernus: Delays Out of the Applicant’s Hands Are Not Applicant Delays

The term of a U.S. patent is typically twenty years.  However, the patent term can be altered as a result of certain Patent Office delays (patent term adjustment) and certain regulatory delays (patent term extensions).  For the former, the Patent Office will adjust the term on a day‑for‑day basis: one day of delay results in one day of adjustment.  » Read More

Feb 11, 2019

Developing IP Strategy for FDA-Regulated Drug Products Requires Special Considerations

Despite the widely diverging needs of the different industries that make use of the US patent system, US patent law applies essentially the same rules to innovations from all technology fields. This means that drug and biotechnology-based inventions are treated no differently by the U.S. » Read More

Nov 30, 2018

Patents and Cannabis

Patentability

The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “Trademark Registration for Cannabis Trademark Owners a Legal Haze.”

Unlike in the case of trademarks, patentability of cannabis-related products and processes is much more clear-cut. » Read More

Jul 16, 2018

When Will My Patent Expire? – Calculating Your Patent Term – A Review

The term of a patent defines the time during which the patent is in force and infringing activities may be acted upon.

Factors to Consider for Patent Term Calculations

The standard term of U.S. patents (other than design patents) issued from applications filed on or after June 8, 1995, is defined by the “twenty-year term,” which is subject to adjustment due to various factors:

  • type of application (utility, design, plant);
  • filing date of the application;
  • issue (grant) date of the patent;
  • benefit claims under 35 U.S.C.
» Read More

May 07, 2018

Satisfying the Duty of Disclosure – Why and When to File Information Disclosure Statement (IDS)

A critical requirement when prosecuting a U.S. patent application is the duty of disclosure (35 C.F.R. §1.56), which is placed on each individual associated with the filing and prosecution of a patent application, to disclose to the U.S. Patent and Trademark Office (USPTO) all information known to that individual to be material to patentability; that is, a reasonable examiner would consider it important in deciding whether to allow the application. » Read More

Apr 16, 2018

The Rise of Blockchain in Patent and Trademark USPTO Filings

Blockchain, also known as distributed ledger technology (DLT), is a digital ledger in which transactions, often made in a cryptocurrency, are recorded chronologically and publicly.  (You can refer to our prior post on blockchain and cryptocurrencies here.)

Although the applications of blockchain technology is most commonly associated with cryptocurrencies, there is a surge of other use cases in the fields of finance, healthcare, arts/entertainment, government, and logistics.  » 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

Jan 30, 2018

Big Banks are Now Receiving Cryptocurrency/Blockchain Patents! Part I

As you may be aware, cryptocurrencies, such as Bitcoin, Ethereum, and Litecoin, have surged to incredible and unexpected values over the past few months. For a few days in the middle of December 2017, each Bitcoin was valued at almost $20,000, and, as of today, Ethereum, the second most valuable cryptocurrency behind Bitcoin, is hovering around the $1,000 mark with a total market cap of around $100 billion. » Read More

Nov 14, 2017

Welcome to Norris McLaughlin’ “Thinking About Patents” Blog!

Twice a month, “Thinking About Patents” discusses the patent preparation and prosecution issues of greatest concern to you.

We’ll provide insights into patentability-determinative issues and Patent Office best practices.  This invaluable resource will be a “must have” in your arsenal when prosecuting patent applications in today’s “anti-patent” climate. » Read More