Posts Tagged ‘AIA’

Marks & Clerk Releases Life Sciences 2013 Report

Monday, April 22nd, 2013

On Monday, the international law firm Marks & Clerk released it’s 2013 Life Sciences Report at the BIO International Convention in Chicago. This 50-plus page report is wide-ranging, containing both the views of life science leaders on marketplace issues like funding for new ventures (not favorable) and other trends in the pharma/biotech industry (more mergers and joint ventures). Although these opinion survey results are of some interest, particularly the focus on the AIA, SPCs and biosimilars, the “meat” of the report is Marks & Clerk’s attempt to summarize major IP trends in both the US (not good for diagnostics), the EP (not good for stem cells), Australia (scope of prior art broadened), India (compulsory licenses and attempts to clarify biotech patent standards) and even Thailand and Hong Kong. I think that  all of us working in the life sciences space should give this report at least a quick look – It is an ambitious and largely successful attempt to summarize “the year in IP law and business worldwide.”

2013 Life Sciences Report

 

USPTO Publishes Extensive Examination Guidelines for 35 U.S.C. 102 and 103

Thursday, February 14th, 2013

On February 14, 2013, the PTO published extensive Examination Guidelines for examination of applications filed after March 16, 2013, under 102 and 103 as amended by the AIA. Given the debates, if not confusion, that arose following the publication of the proposed rules with public comments regarding certain provisions of 102, these guidelines should provide some clarity as we prepare to go “out of the gate” after March 16th. Pay particular attention to the last section, which discusses “transition applications.” Happy Valentine’s Day!

Examination Guidelines

Top Ten Biotech IP Stories of 2012

Friday, December 28th, 2012

I admit, I am a sucker for lists, esp. Top Ten Lists, and a few days ago, sat through a half hour of “local news” wherein the anchors breathlessly related the Top Ten Rhode Island News Stories of 2012. Well, readers, you deserve no less that my Top Ten List of IP “Stories” that broke, sometimes over us, in 2012. So that this post is not endless, I will write it from very abbreviated notes and leave it to you to dig the details out of the patents4life archives – or to just back up through the posts of 2012. Also, past Prometheus and Myriad, the list does not mean to prioritize the events reported.

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USPTO Publishes Rule Package on AIA Administrative Trials

Tuesday, August 14th, 2012

While this is primarily a biotechnology patent law blog, the USPTO’s high level of rule making activity deserves attention, as it will affect us all after the September 16th deadline for implementing many of the new features of the AIA passes. Today, the PTO publishes over two hundred pages of regulations, guidelines and “Rules of Practice’ regarding Inter Partes Review, Post-Grant Review, the Transitional Program [to attack] Business Method Patents, Supplemental Examination (to “purge inequitable conduct”) and the new procedures by which a person having rights to the invention can file an application in lieu of the inventor(s).

Below are links to the six USPTO Federal Register Notices -

Changes to Implement Inter Partes Review Proceedings, Post-Grant Review Proceedings, etc.


Changes to Implement Inventor’s Oath or Declaration Provisions of Leahy-Smith America Invents Act


Changes to Implement Supplemental Examination Provisions of Leahy-Smith America Invents Act and Revise Reexamination Fees


Office Patent Trial Practice Guide


Rules of Practice for Trials before Patent Trial and Appeal Board and Judicial Review of Decisions


Transitional Program for Covered Business Method Patents: Definitions of Covered Business Method Patent and Technological Invention