Category Archives: Govt Policy/PTO Policy

In re Urvashi Bhagat – The Slippery Slope of Natural Product Claims

I will start out by recommending that you read all of MPEP 2106 – Patent Subject Matter Eligibility. I rarely admire PTO policy rules and guidelines, but this section reflects a lot of work, particularly in the standards for evaluating … Continue reading

Posted in Alice, Govt Policy/PTO Policy, s.102, Section 101, USPTO Practice and Policy | 1 Comment

Do You Really Want to File for Pharma Patent Protection in Canada, India or Ecuador?

IPO Letter Reports Weaknesses in IP Protection Around the World In a 27 page letter dated February 8, 2018 and sent to Sue Chang at the Office of the U.S. Trade Representative, the Executive Director of IPO, Mark Lauroesch, extensively … Continue reading

Posted in Govt Policy/PTO Policy, Int'l Practice and Policy, Non-U.S. Practice | Tagged , , | 1 Comment

Exhausted by Exhaustion: Impression Products v. Lexmark

Please revisit Don Chisum’s and Janice Mueller’s comments on Impression Products v. Lexmark, No. 151189 (S. Ct. May 30, 2017), in which the Court held that a seller of a patented printer cartridge had exhausted its patent rights, so that … Continue reading

Posted in Govt Policy/PTO Policy, Litigation Issues | Leave a comment

IPO, AIPLA and ABA IP Section Propose Legislative Fixes for Section 101

Between February and May of this year, IPO, AIPLA and the ABA IP Section have released proposals for amendments to 35 U.S.C. s. 101 to void the Mayo/Alice Rule and to clarify the definition of an “abstract idea” as it relates … Continue reading

Posted in Govt Policy/PTO Policy, Patent Reform Legislation, Section 101 | 7 Comments