Partnering In Patents XXI Program At USPTO Oct 22nd

October 21st, 2014

Since I am suffering from section 101 fatigue, tomorrow I will be speaking at this program on indefiniteness post-Nautilus. However, this meeting gets interesting earlier in the afternoon when Andrew Hirschfeld presents on “Updates on 101 training and Examiner Guidance” (working title) followed by Michael Stein, the “AIPLA Speaker” whose topic is “Understanding Patent Eligibility After Alice, Practical Tips for Practitioners and Examiners.”

The big question for my computer law and software brethren is whether or not there is any patent eligibility post-Alice for the inventions claimed in most of their pending applications? A quick survey by one of my partners indicates that over 90% of the applications filed by one big “software company” in Class 705 (Data Processing; Financial, Business Practice, Management, or Cost/Price Determination) that have received Office Actions in August received 101 rejections. As a stock car race driver once said to me when he was boxed in and about to “take the wall,” “I had nowhere to go but up.”

BIO Provides Supplemental Comments on PTO s.101 Guidelines

October 21st, 2014

BIO recently generated a letter to the PTO on the March 6th Guidelines on the patent-eligibility of subject matter in the life sciences, particularly “natural products.” BIO invited a group of in-house and private practitioners to comment on the Guidelines and a number of them – including myself – signed off on the letter. Following appearances by a Mr. Hirschfeld at a number of industry conferences and symposia, the biotech/pharma community felt that there is a realistic chance the initial Guidelines will be released in revised form in the near future.

Supplemental comments on USPTO Myriad guidance (10-14)

EPO – New Guidance On Added Subject Matter

October 9th, 2014

A guest post from Paul Cole.

Readers will be aware that added subject matter issues have for a long time been a thorny issue for EPO Examination practice.

On 7 February 2014 a symposium on EPO practice regarding Art. 123(2) EPC took place at the EPO’s Munich headquarters. Twenty-five senior patent professionals from Europe, Japan and the USA took the opportunity to share experiences with EPO examiners, lawyers, and procedural experts in an effort to enhance understanding of how examiners apply Art. 123(2) EPC, and raise awareness among examiners of the problems encountered by users.

Margot Fröhlinger, Principal Director Patent Law and Multilateral Affairs, Heli Pihlajamaa, Director Patent Law, and Alfred Spigarelli, Director Patent Procedures Management opened the plenary session with an overview of EPO practice. John Hornickel from the American Intellectual Property Law Association (AIPLA), Yasuda Ryosuke from the Japan Patent Attorney Association (JPAA), and Gabriele Leißler-Gerstl from the European Patent Institute (EPI), presented the US, Japanese and European perspective on Article 123(2) EPC. The results were presented in a final plenary session.

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“The Good Wife” Defends GMOs

October 7th, 2014

Last Sunday’s episode of “The Good Wife” featured a Christian mediation between a farmer (Robert Joy) sued by a Pioneer-like company, represented by the actor Richard Thomas, for saving GMO corn seed for replanting. The facts were a mash-up of J.E.M. Ag Supply v. Pioneer Hi-Bred., 534 U.S. 124 (2001), and Monsanto Canada v. Schmeiser, 1 S.C.R. 902 (2004). In the former case, JEM was selling Pioneer’s hybrid seed that had been “saved” by farmers from a previous crop of the seed, in violation of the shrink wrap-type license on the original Pioneer seed they had purchased at JEM. In Monsanto-Canada, a farmer saved and replanted glyphosate-resistant canola seed from a field he claimed was contaminated by “GMO” pollen from neighboring fields.

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