Posts Tagged ‘IP law tools’

UK National Stem Cell Network Report – The Patent Watch Landscape

Thursday, March 7th, 2013

If you have either a passing or passionate interest in stem cell patenting, this report is worth some of your time. (A link to the report can be found at the end of this post.)

The report analyzes the stem cell patent landscape from November 2008 to Oct 2009 and from November 2008 to October 2011. The “patent watch dataset” is based on patent applications published or patents issued/ granted by the PCT and in the US, EP and  UK. The top applicant of published applications is Kyoto University and the top applicant on granted patents is WARF.

However, the report goes far beyond a simple numbers game; it analyzes the therapeutic areas of research represented by the stem cell IP. The report provides topography maps of the various areas such as pluripotent cells (e.g., embryonic stem cells) that is still a very active area, as is research in the areas of hematopoietic stem cells and neural stem cells. Even more interesting is the analysis that maps collaborations between high-filing universities and their spin-offs or start-up companies, as well as established companies.

Having done some of the early IP work on pluripotent adult stem cells, I found the report as addictive as a box of chocolates – I never was sure what would be on the next page.

informatic-stemcells

USPTO Publishes Final Rules for Micro-Entity Status and Fee Schedule

Thursday, January 17th, 2013

On December 19, 2012, the Patent Office published the final rule: “Changes to Implement Micro Entity Status for Paying Patents Fees” –77 Fed. Reg. 75019–and on January 18, 2013 the final fee schedule is expected to be published (link below). The Micro Entity status rules occupy 16 pages in the Federal Register, including the public comments. The primary meat of the Rules is the discussion of new sections 1.29(a) and  1.29(d) which set forth the requirements of individual inventor/applicants. Since most patent applications will still be filed by inventor/applicants (as opposed to institution/applicants, these are the sections that have the potential to save both individuals and certain institutions a lot of money (for example, a micro-entity can file a request for prioritized examination for only $1000).

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Common Patent for European Union Adopted

Wednesday, December 12th, 2012

The European Union has finally decided to adopt a common patent that will be granted in three languages – English, French and German – but will cover all of the 27 EU countries. Note that there is not a perfect overlap with the 30 EPO contracting states, e.g., Turkey, Iceland and Albania are not yet members of the EU. A common EU patent has been debated and tabled since before I entered practice in 1981. Of course, this should permit a substantial savings in translations and “local” filing fees. When I worked at Kenyon & Kenyon in the early 80’s there was considerable skepticism about new-fangled PCT applications, and many attorneys would not advise their clients to do other than file in individual “foreign countries”, sometimes not even using the EPO (which only had ten member countries then, e.g., Spain, Norway and Finland had not joined, but you could file in Liechtenstein and Luxembourg). The new patent is planned to be available some time in 2014.

An update on this agreement can be found here.

ACI Biotech Conference in Boston – What’s New?

Thursday, November 8th, 2012

A lot of the speakers will have big changes in patent law and watershed case law to tackle at the American Conference Institute’s 14th Advanced Forum on Biotech Patents in Boston, Nov. 28-29, 2012. I will be speaking with Kevin Noonan on the use of the inequitable conduct defense post-Therasense and on the use of the AIA and reissue to address “fraud” issues and strengthen patents pre-litigation.

Other topics include updates and practical advice on rebutting obviousness rejections and the tensions that can create with the tenants of the “new and improved” written description requirement of Ariad (John Ivanicki, Alexander Wilson, Matthew Beaudet , Amy Hamilton and Filko Prugo). The Keynote address will be delivered by Terry Rea, Deputy Director of the PTO, with other PTO insights coming from George Elliott, the Director of 1600 and Esther Kepplinger, former Assistance Director of Examination Policy and Bob Stoll, former Commissioner of Patents.  Other topics include Biosimilars, 101 issues and Akami/McKesson. So this is not just another AIA Conference. Y’all come!

ACI Biotech Conference