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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

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

Apr 03, 2018

When It Comes To Markush Groups, USPTO Has “Dams” Problem

Despite the fact that no court has ever found a Markush group improper, the USPTO continues to search for an analytical framework to realize such a finding. As we wound down our New Year’s celebrations, the USPTO “snuck”[1] into the ninth edition of the Manual of Patent Examining Procedure (“MPEP”), which was released in January, a new section 706.03(y), » 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.”  » Read More