Posts Tagged ‘ip’

USPTO Post-Prosecution Pilot Program Launches

Tuesday, July 12th, 2016

A guest post from Edward Sandor, attorney at Schwegman.

iStock_68004151_SMALLThe Post-Prosecution Pilot Program (P3) launched at the USPTO Monday, combining features of the AFCP 2.0 and Pre-Appeal Brief Conference Pilot programs, with the notable addition of Applicant participation in the process.

Once a P3 request is received, the SPE will coordinate a panel experienced in the relevant field of technology to conduct a conference with the Applicant in person, by phone, or via WebEx video conference, where the final rejection will either be upheld, the application allowed, or prosecution reopened.

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Rapid Litigation v. CellzDirect – A Break in the 101 Wall

Tuesday, July 5th, 2016

On Julybreak-in-wall 5, 2016, a three judge Fed. Circuit panel of Moore, Prost and Stoll (Appeal no. 2015-1570) reversed the district court’s holding that claims to a method of isolating “hardy” twice -frozen hepatocytes (as I called them in my post of April 26 summarizing the oral argument) were patent-ineligible as no more than a law of nature accompanied by routine cryopreservation steps. (Please go here and read my summary of the oral argument – it will save me some typing time.) )A copy of the decision can be found at the end of this post.)

In that post, I noted that Judges Moore and Stoll hold technical degrees and appeared undaunted by Mayo and the resulting Mayo/Alice test for patent-eligibility. Although Judge Prost did not ask as many questions of the parties during oral argument, she joined in the decision.

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Bascom v. AT&T — Patent Eligibility Meet Patentability

Tuesday, July 5th, 2016

…..Or Judge reverseNewman proposes a blended approach when “Abstract Idea” or “Inventive Concept” is at issue. In Bascom v. AT&T, Appeal no. 2015-1763 (June 27, 2016, Fed. Cir.), panel of Judges Newman, O’Malley and Chen reversed the district court’s finding that Bascom’s U.S. Pat. No. 5,987,606 failed step two of the Mayo/Alice test, since was simply a combination of conventional steps carried out using generic computers. (A copy of the decision can be found at the end of this post.) The panel reversed, calling this a close case but found an inventive concept in claims to an individualized internet content filtering system patent eligible since “an inventive concept can be found in the non-conventional and  non-generic arrangement of known, conventional pieces.”

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USPTO will “Fast Track” Cancer Immunotherapy Applications

Tuesday, July 5th, 2016

fast-trackOn June 29, 2016, Director Lee promulgated rules to implement a one-year pilot program to effectively grant “Fast Track” status to applications with at least one claim to treating cancer using immunotherapy. (A copy of this document can be found at the end of this post.) I am sure that much will be written about this program, but the requirements for achieving this top-of-the-pile on the Examiners’ desk are much like the current “Fast Track” program. But let’s cut to the chase to see just what type of claim qualifies for the “Cancer Immunotherapy Pilot Program:

“The applications must contain at least one claim encompassing a method of ameliorating, treating or preventing a malignancy in a human subject where the steps of the method assist or boost the immune system in eradicating cancerous cells. For example, this can include the administration of cells, antibodies, proteins, or nucleic acids that invoke an active (or achieve a passive) immune response to destroy cancerous cells. The Pilot Program also will consider claims drawn to the co-administration of biological adjuvants (e.g., interleukens, cytokines, Bacillus Comette-Guerin, monophosphoryl lipid A, etc.) in combination with conventional therapies for treating cancer such as chemotherapy, radiation or surgery. Claims to administering any vaccine that works by activating the immune system to prevent or destroy cancer cell growth are included. The Pilot Program will also consider in vivo, ex vivo, and adoptive immunotherapies, including those using autologous and/or heterologous cells or immortalized cell lines.”

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