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Obviousness/Inventive Step

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

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 12, 2018

Kurt Briscoe Participates in Panel Discussion with The Knowledge Group

On January 26, I will be participating in a panel discussion with The Knowledge Group where I will cover the role of secondary considerations in formulation obviousness and the use of post-priority-date evidence to prove a patent lacks written description of a claimed genus. » Read More